The assessment of damages in personal injury claims is often
challenging when dealing with injuries that cannot be measured
objectively. Cases involving plaintiffs who allegedly suffer from
chronic pain, fibromyalgia, or other conditions involving the
incorrigible experience of pain, present obvious problem with
respect to quantifying damages. Medical professionals must rely on
the subjective reports of plaintiffs in assessing their condition.
Often, these cases result in a scenario where the opinions of
medical experts are pitted one against the other, resulting in
uncertainty and risk for the parties.
Although the Supreme Court of Canada has concluded that
"chronic pain patients are suffering and in distress, and that
the disability they experience is real"1, there
nonetheless exist unscrupulous claimants that feign or exaggerate
chronic pain symptoms in an effort to cash in on claims against
insurance companies.
