The Court of Appeal set out how to determine whether an applicant has a complete inability to carry on a normal life as follows[1]: i. Compare the applicant’s activities of daily living before and after the accident; ii. Consider all of the applicant’s pre-accident activities during a reasonable period of time before the accident, perhaps giving greater weight to the activities the applicant identifies as being important to her pre-accident life; iii. Consider whether the applicant is continuously prevented from engaging in substantially all pre-accident activities; iv. Take a qualitative perspective to determining if the applicant is engaging in the activity post-accident; and v. Assess whether the degree of the applicant’s pain is such that it prevents her from engaging in the activities.
"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.