What is the test for determining whether a plaintiff is liable for post-accident health issues as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from M.R.K. v T.L, 2021 BCSC 1588 (CanLII):
The question to determine with regard to causation is summarized in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 (as modified to fit the facts of this case (at para. 41)): if it was necessary to have both the accident and the pre-existing health issues for the post-accident health issues to occur, then causation is proven, since the post-accident health issues would not have occurred but for the accident. Even if the accident played a minor role, the defendants are fully liable because the accident was a necessary contributing cause.
"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
What is the test for determining whether a plaintiff is liable for a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff has lost a career as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for injuries sustained by a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident? (British Columbia, Canada)
Does a plaintiff have a history of mental health issues as a result of a motor vehicle accident? (British Columbia, Canada)
