Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Smith v. Brome and McCalla, 2006 BCSC 1038 (CanLII):
The defendants argue that the plaintiff has not proven that the complaints regarding her headaches, and some of her complaints regarding her back and nose, were clearly caused by the accident, or solely caused by the accident. The defendants argue that she had prior existing problems, and in compensation should not be placed in a better position than she was before the accident (see: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458).
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