What is the effect of a motor vehicle accident on chronic pain syndrome?
British Columbia, Canada
The following excerpt is from Cheng v. Kamboz, 2009 BCSC 1160 (CanLII):
That said, the accident exacerbated the injuries and escalated chronic pain into chronic pain syndrome. Causation for the exacerbation and chronic pain syndrome has been shown. The harm caused by the defendant is divisible from the harm caused by the prior accidents and the plaintiff’s pre-existing condition. To be clear, this is not the type of case, as was Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, in which a pre-existing condition of the plaintiff made him more amenable to a specific injury (a disc herniation).
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