There is no magic. Serious and Permanent can be a million different things. Each case is decided on it's own facts. Recently, the Court of Appeal noted that:
"The requirement that the impairment be "serious" may be satisfied even although plaintiffs, through determination, resume the activities of employment and the responsibilities of household, but continue to experience pain. In such cases it must also be considered whether the continuing pain seriously affects their enjoyment of life, their ability to socialize with others, have intimate relations, enjoy their children and engage in recreational pursuits". (Brak v. Walsh)
With respect to permanent, cases have established that permanent means lasting indefinitely into the future as opposed to a limited time with a definite end.
(Bos Estate v. James, [1995] O.J. No. 598 (Ont. Gen. Div.), Brak v. Walsh, 2008 ONCA 221 (Ont. C.A.) -(CanLll))
In addition, the requirement of a permanent injury is also met when a limitation in function is unlikely to improve for the indefinite future.
(Hartwick v. Simser, [2004] O.J. No. 4315 (Ont. S.C.J.)Rizzo v. Johnson (2006), 82 O.R. (3d) 633 (Ont. S.C.J.) and Brak v. Walsh (supra))
You can have a serious injury under the threshold if you continue to work in pain, and the injury is permanent mean the serious injury will last indefinitely. Also, as I mentioned in an earlier posting, not presenting evidence that such a soft tissue injury would not be considered a physical impairment in nature is not acceptable.
If you have been in an accident and you permanent daily pain which increases as the day wears on and with activity, you may have a serious injury. If your pain and dysfunction you experienced is well beyond frustrating and unpleasant - your may have a claim for pain and suffering and loss of enjoyment of life that may be considered serious (Frankfurter v. Gibbons, [2004] O.J. No. 4969 (Ont. Div. Ct.).
If you have been in an accident please do not hesitate to call me to discuss your options. I will inform you of your legal rights.
Matt Lalande