Can a plaintiff suffer pain from a whiplash injury?
Ontario, Canada
The following excerpt is from Sabourin v. Domonion of Canada General Insurance Company, 2009 CanLII 15902 (ON SC):
It is clear that, as a result of the accident, the plaintiff suffered a soft tissue injury. I accept that a person can suffer pain from a whiplash injury in circumstances where there are no objective medical findings to support their complaint. I agree with the comment of Little J. in Guerrero v. Fukuda[14] that “pain, and its degree of severity, are subjective and can exist without any objective finding”.
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