Navigating an Ontario car accident claim becomes more complex when pre-existing conditions are involved.
Insurance companies often scrutinize these cases, trying to attribute injuries to prior health issues instead of the accident. Let’s discuss how pre-existing conditions affect the compensation process and strategies to manage these challenges effectively.
What Are Pre-Existing Conditions?
Pre-existing conditions are medical issues that existed before the car accident, such as back problems, joint disorders, or previous concussions. These conditions can complicate the assessment of injuries caused by a car accident.
Impact on Ontario Car Accident Claims
- Causation Challenges: Proving that the injuries are directly related to the accident is crucial. In some cases, the proof required is that the accident significantly worsened a pre-existing condition.
- Insurance Company Skepticism: Insurers may argue that the damages claimed are due to pre-existing conditions to reduce their liability.
- Compensation Reduction: If insurers can show that injuries are related to pre-existing conditions, compensation may be reduced.
Proving the Impact of the Accident
To overcome these challenges, it’s crucial to establish a clear link between the accident and the injuries:
- Medical Documentation: Keep comprehensive medical records that distinguish between pre- and post-accident conditions.
- Expert Medical Testimony: Experts can provide credible testimony on how the accident aggravated pre-existing conditions or caused new injuries.
- Consistent Medical Treatment: Continuity in medical treatment strengthens your claim by showing how the accident impacted your health.
Legal Strategies for Handling Pre-Existing Conditions in Ontario
- Full Disclosure: Be upfront about pre-existing conditions to avoid undermining your credibility.
- The “Thin Skull” Doctrine: In Ontario, this legal principle holds that a defendant is responsible for all injuries, even if the plaintiff was more vulnerable due to pre-existing conditions.
- Accurate Medical Assessment: Ensure that medical assessments clearly separate injuries caused by the accident from pre-existing issues.
Here to Help with Your Claims
At Nelligan Law, we understand the complexities of car accident claims involving pre-existing conditions. Our experienced team is dedicated to guiding you through the process and ensuring you receive the compensation you deserve. Contact us for a free consultation.
