Sentences with phrase «subjective pain complaint»

Not exact matches

Although 2 1/2 years have passed since the accident and the plaintiff still complains about neck pain, back pain and limited range of motion, I am not satisfied, on a balance of probabilities, that these subjective complaints are sufficiently supported by any objective evidence of continuing injury.

BC Injury Law And ICBC Claims Blog Subjective Soft Tissue Injuries And Judicial Scrutiny Last year I criticized the often recited judicial passage stating that «``... the Court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery...» and pointing out that these comments should no longer be used given Supreme Court of Canada's reasons in FH v. McDougall.

Further, one of her medical witnesses at trial expressed doubts about the extent of her pain and the court found that other medical witnesses called by the plaintiff based their opinions largely on the subjective complaints by the plaintiff as opposed to objective evidence.

Anyone who has been injured as a result of the negligence of another also entitled to non-economic damages, which typically constitute more subjective complaints of pain, suffering, and inconvenience.

The court held that an injured party must show that there is a physical basis for subjective complaints of pain and suffering.

As Justice Ball explained, the plaintiff's case largely revolved around his own «subjective complaints of stiffness, headache and other pain.»