What is the test for serious impairment in a motor vehicle accident?
New Brunswick, Canada
The following excerpt is from Fraser v. Haines, 2008 NBCA 59 (CanLII):
Whether a plaintiff’s injury results in a “serious impairment” is a finding of fact to be made by the trial judge based on a subjective assessment (See: Meyer v. Bright, at para. 39). The seriousness of the impairment is assessed on a case-by-case basis.
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