Pre-Existing Conditions and Personal Injury Claims
Virtually everyone has some health issues. As we age or pick up bumps and bruises going through life, we might get a sore lower back, a concussion, or even experience depression during a difficult period. It is probable that you sought treatment for some physical or psychological issue in the past.
How does having a pre-existing condition impact your claim for damages following an accident?
People with serious pre-existing health issues are easier to hurt and harder to heal. Even though you know that the accident has worsened your condition, you can be sure that the insurance company will not likely give you the benefit of the doubt. You must take certain steps to prove your claim.
The Impact of Pre-Existing Conditions on Injury Compensation
In law, the purpose of damages is to provide compensation for what the accident took from you, to make you whole again. Imagine you lose an eye. Now imagine you only have one functioning eye, and you lose your other eye. Both victims have the same injury, but one lost all their ability to see.
In Alberta, “general damages” are meant to compensate you for things like “pain and suffering” and “loss of enjoyment of life”. Obviously, no amount of money can truly make up for a lifetime of back pain or other chronic injury, but that is the best our justice system can provide.
When you have a medical condition, either physical or psychological, before the accident, you are still entitled to damages but only to the degree your condition was made worse after the accident.
To determine damages, it is important to establish your baseline condition before the accident and then your new baseline condition after the accident.
Medical Records Show Worsening Symptoms
To show that your symptoms have worsened, it will be important to prove your health immediately before the accident. The most common way to prove this is by obtaining medical records in the years before the accident. In Alberta, it is common to go back and get documents from 5 years prior to the accident.
When you have a pre-existing condition, you will likely have seen your doctor and possibly received treatment. With Preszler Injury Lawyers on your team, we will obtain all the relevant medical records on your behalf. These records will be used to establish your baseline pre-accident condition and identify whether your symptoms were improving.
Records from your family doctor and treatment providers will also be used to show how your symptoms were made worse after the accident. Their records will be based on what you tell them and the results of any tests they perform. It is important to be honest when reporting your symptoms to your healthcare professionals and that includes not downplaying or minimizing your symptoms. Your ability and willingness to explain your symptoms and how they limit your ability to perform your job and perform the activities of daily life are critical for an accurate diagnosis.
Medical Experts are Key
To prove that the accident made your pre-existing health issue worse, you will likely need to get the expert medical opinions of experienced and specialized doctors. These experts will review all your medical records from 5 years before the accident and to the date of your assessment (often 2 or 3 years after the accident) and likely perform their own tests during the assessment. When pre-existing conditions are present, we rely on these experts to determine how much worse the accident worsened the symptoms.
While these experts are expensive, they are important to telling your medical journey.
Depending on your particular case, there may be more than one expert report. Our personal injury lawyers can evaluate your situation and determine which expert reports are needed to fully build your case.
Countering Arguments Minimize the Accident
If you have any pre-existing conditions, you can count on the insurance company to allege that your current condition is mostly, or entirely, the result of your pre-existing condition. It can be a convenient reason to minimize your claim and deny damages. Insurance companies allege that your condition was not made worse by the accident and is actually the result of your pre-existing condition that was deteriorating.
As discussed above, experienced legal counsel can assist you building your case so that the experts will have the documents and records needed to make a strong opinion. With such an opinion in hand, the insurance company will have a difficult time blaming your pre-existing condition for all your current problems. Only this way will you get fair compensation for your injuries and be made whole.
Book a Free Initial Consultation If You Have a Pre-Existing Condition
We understand personal injury cases and how to work with pre-existing injuries. Our goal is to ensure you receive the support you deserve. If you have been injured in an accident, reach out to us today, and we will listen to you and advise if and how we can help. There is no risk or cost for our initial consultation. In fact, if you retain us as your legal counsel, you will never have to pay us unless we secure compensation for you in a settlement or trial.
Call us toll-free at 1-888-494-7191 or fill out our Case Evaluation form to book your appointment with us.
