How much objective evidence is required to prove soft tissue injury?
British Columbia, Canada
The following excerpt is from Foote v. Murray, 2003 BCPC 28 (CanLII):
This is not to be interpreted to mean that objective evidence is inevitably necessary to prove a soft tissue injury, as concluded by Parrett J. in Neilson v. Stevens, [1993] B.C.J. No. 580 (B.C.S.C.): This does not mean that it is necessary to demonstrate objective evidence of injury in order to recover. It represents a common-sense caution with which the court must approach the assessment of damages where there is a lack of objective medical findings and an unusual or unexplained recovery period.
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