Last week, we discussed the statutory threshold in motor vehicle accident claims, and how this can impact plaintiffs seeking compensation for their injuries in a civil personal injury claim.
This January, we successfully defeated a threshold motion brought against the plaintiff, allowing him to recover the damages that he had been awarded at trial.
Background of Shaw v. Mkheyan
The plaintiff had been injured in a motor vehicle accident in 2009. Prior to accident, the plaintiff had asymptomatic osteoarthritis in his left knee. The accident caused this condition to become symptomatic, resulting in a permanent and serious impairment in his mobility and daily functioning.
There was no dispute at trial that the claimant’s impairment as a result of his osteoarthritis were serious. In its threshold motion, however, the defendant took the position that the accident had not caused the symptomatic arthritis, arguing instead that the progression of the disease was an inevitable result of the degenerative condition.
The importance of medical expert evidence
In these types of cases, the credibility and consistency of a party’s expert evidence can make a big difference in the case. Deciding whether an injury was caused by a motor vehicle accident requires the opinion of doctors who understand the effect of these forces on the body, and how that can impact pre-existing conditions. It is crucial to work with an experienced personal injury lawyer that has good relationships with medical experts, and knows how to find the best person to provide expert evidence in each case.
In this motion, both parties had their own medical expert to support their position. Ultimately, the court preferred the evidence of the plaintiff’s expert, who had referenced extensively his experience with similar cases in the past, and had a demonstrated expertise in arthritis research and surgery.
Dedicated Toronto lawyers representing motor vehicle accident victims
At Jasmine Daya & Co., we have significant experience handling personal injury litigation. Our lawyers understand how expert evidence can make a big difference to your personal injury claim, and will help select the medical and other experts with the best background for each case.
If you have been injured and are considering pursuing a legal claim, our team of personal injury experts offers free consultation to new clients. We can discuss your options and help you decide the best way to proceed. Contact us online or call our office at 416-967-9100 to make an appointment.