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Understanding The Impact of Pre-Existing Injuries on A Personal Injury Claim

a red headed man with a pre-existing medical condition has  his arm in a sling meets with a personal injury lawyer

If symptoms of a past injury flare up due to a recent motor vehicle accident, you may be unsure how much compensation you can expect. Does your pre-existing condition disqualify you from seeking compensation from the at-fault driver in this incident?

The quick answer is no, but there are some things you should be aware of. Here’s what you need to know about the impact of pre-existing injuries on your personal injury claim.

HOW AN ACCIDENT CAN AGGRAVATE PRE-EXISTING INJURIES


If you’ve been injured in the past and subsequently been in another accident, there’s a likelihood that your previous injuries got exacerbated. You may also have new injuries unrelated to your pre-existing condition. The critical thing to remember is that you can seek compensation even if you have prior injuries. Be aware, though, that you can’t expect the at-fault driver to take responsibility for your prior medical issues. Personal injury law in Ontario requires the at-fault party to restore you to the condition you were in at the time of the accident or provide suitable compensation. The at-fault driver isn’t required to compensate you for injuries you sustained before the accident.

DON’T LET ANYONE HOLD YOUR INJURIES AGAINST YOU


Under Ontario’s no-fault accident insurance system, anyone injured in a motor vehicle accident is entitled to some compensation. Insurance companies may claim that your earlier injuries are to blame for the problems you’ve experienced since the accident in question. You may be led to believe no-fault coverage is the best you can get, given your pre-existing injuries. Don’t be shortchanged. Although your pre-existing injuries introduce an extra complication to determining damages, you’re still entitled to rightful compensation. If you have a trustworthy personal injury team working for you, you can leave all the complicated details to them.

THE IMPORTANCE OF FULL DISCLOSURE


Part of the process of seeking compensation is to disclose medical information relevant to your claim. You may have to submit medical records from before and after the accident to demonstrate how your condition has changed. Withholding pertinent details can harm your case. When it comes to your health history, you’re entitled to privacy. However, the insurance companies dealing with your case may request medical information regarding your injuries. A personal injury lawyer can protect your right to privacy while ensuring you get the settlement you deserve.

SPEAK WITH AN EXPERIENCED PERSONAL INJURY LAWYER IN SAULT STE. MARIE


If you have a complicated medical history that includes pre-existing injuries, the lawyers at Feifel Gualazzi can help. Our team will sift through the details of your medical history so you disclose only what’s essential to your case. We’ll help you determine if you can sue for damages and advise you on your next steps. Contact us today to request a free consultation.

 

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