What is the difference between soft tissue injuries and depression?
British Columbia, Canada
The following excerpt is from Jacobs v. McLaughlin, 2008 BCSC 483 (CanLII):
This is not a case as in Hutchings v. Dow, 2007 BCCA 148, 66 B.C.L.R. (4th) 78, where there was a combination of two or more tortious causes insufficient in themselves but necessary together to create an indivisible harm such as depression, or, as in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, a disc protrusion. The soft tissue injuries have not been proven to “be of a piece”. Nor is there a separate harm such as depression that has been created by them. The facts support only discrete, time limited soft tissue injuries. The only truly separate cause of injury and loss is the plaintiff’s MS condition which was part of her “original position” and was not initiated, aggravated or accelerated by these motor vehicle accidents.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have defence counsel in a personal injury action been advised to take walks as part of their rehabilitation from soft tissue injuries? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
How has the BCSC assessed soft tissue type injuries in soft tissue claims? (British Columbia, Canada)
In a motor vehicle accident, can a plaintiff who suffered soft tissue injuries to her neck, upper and mid back and lower back, continue to experience headaches and back pain? (British Columbia, Canada)
Does a collision between 2003 and 2010 result in more severe soft tissue injuries? (British Columbia, Canada)
What is the current state of the law on soft tissue injuries? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the impact of a soft tissue injury to the lower back and hip of a plaintiff? (British Columbia, Canada)
