Pre-existing Conditions in Personal Injury Cases

Don’t let pre-existing conditions stop you from pursuing a case! While they can play a role, Chris Lazaris explains how they’re considered in a personal injury case.

Pre-existing conditions are a pretty nuanced topic, and insurance companies are very interested in them. While a pre-existing injury does have an effect, it does not defeat a claim and can really make a difference in your life.

How does it work?

If your pre-existing injury makes you more vulnerable, then that vulnerability is borne by the defendant that you’re suing. They’re responsible for the entire difference before the accident and your life after the accident. If you have a pre-existing condition, then your baseline is already lower. This means that the difference between your life before and after the accident is somewhat, usually reduced.

What are the greatest challenges?

The greatest challenge is typically papering the difference between before and after your accident. So, suppose someone already has chronic migraines and various headaches before an accident in which they sustain a severe concussion leading to long-term post-concussive symptoms. You must make sure that you go to your doctor and the hospital as soon as you can and indicate to your doctor that you’re having these new headaches. They are going to indicate in their clinical records that you have these new symptoms. Then that way, we, as lawyers, can show that the insurance company will be responding to your case has to keep in mind that there’s a clear difference between what you were experiencing before and after the accident.

Conclusion

I don’t think that a person who has a pre-existing injury should be afraid of starting a case. Ask a lawyer what they think because a lot of times, you might be surprised by what they say.

Chris Lazaris is a Personal Injury Lawyer at Thomson Rogers LLP. His practice includes motor vehicle cases, slip and falls, long-term disability denials, and accident benefits disputes. He takes an organized and aggressive approach to ensure the absolute best results for clients and regularly appears before the Superior Court of Justice and License Appeal Tribunal. Chris can be reached at 416-868-3214 or by email.