What is the test for establishing cause of shoulder injury in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Chabot v. Chaube, 2014 BCSC 300 (CanLII):
The mere fact the plaintiff complained of shoulder problems after the accident does not mean the accident caused them. Temporal connections are not determinative or reliable: White v. Stonestreet, 2006 BCSC 801, paras. 74-75. To determine cause, all the evidence related to her shoulder symptoms injury must be considered, both individually and in its totality, to establish causation. The temporal sequence is part of the evidence, but it must be considered critically.
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