What is the legal test for soft tissue injuries?
British Columbia, Canada
The following excerpt is from Balint v Lewandowski, 2021 BCSC 1316 (CanLII):
The approach developed in the case law for this type of claim is summarized in Jenkins v. Irving, 2020 BCSC 391 (at paras. 101-105). While recognizing that even minor motor vehicle accidents can cause long-term and debilitating soft tissue injuries, complaints extending far beyond normal expectations, with little or no objective evidence of continuing injury, should be carefully assessed based on all the evidence.
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