Car Accident Law: How Pre-Existing Conditions Affect Your Car Accident Injury Claim

When you're involved in a car accident, dealing with injuries is already challenging, but if you have a pre-existing condition, it can complicate your claim. Many people in Ontario worry that their prior injuries or medical conditions will disqualify them from receiving compensation. Fortunately, car accident law in Ontario offers protection and avenues for fair compensation, even when your health history is a factor.

In this blog, we’ll explore how insurers evaluate these cases, what evidence is needed, and how a car accident lawyer can help you strengthen your claim.

Understanding Pre-Existing Conditions in Car Accident Law

Pre-existing conditions refer to any medical issues you had before the car accident occurred. These might include:

• Chronic back or neck pain

Arthritis

• Previous concussions or traumatic brain injuries
• Mental health conditions like PTSD or anxiety
• Orthopedic issues such as joint injuries

Under Ontario's car accident law, you are still entitled to compensation if the accident made your condition worse or caused a relapse.

How Insurance Companies Evaluate Pre-Existing Conditions

Insurance companies are known for scrutinizing injury claims and they often use pre-existing conditions to downplay the seriousness of your new injuries.

Here’s how insurers typically approach these cases:

• Review of medical history: They will request access to your medical records to determine if the injury was pre-existing.
• Argument of non-causation: The insurer may claim that your current symptoms are unrelated to the accident.
• Downplaying severity: They may argue that your condition would have deteriorated even without the accident.

This doesn’t mean you're out of options, but it does mean that strong evidence and legal support are critical.

What Evidence Do You Need?

To successfully claim that a car accident worsened your pre-existing condition, you'll need compelling documentation:

1. Medical records before the accident: Show the baseline of your condition before the crash.
2. Medical records after the accident: Highlight any new symptoms or increased severity.
3. Doctor's expert opinion: A healthcare professional can provide a medical opinion confirming that the accident worsened your condition.
4. Daily impact statements: Personal logs or witness statements about how your life has changed since the accident.

The key is proving that the accident caused a measurable change in your physical or mental condition.

The "Thin Skull" Doctrine: Protection Under Ontario Law

Ontario law applies the "Thin Skull Doctrine", which holds that defendants (or insurers) must take victims as they are, even if they are more vulnerable to injury due to pre-existing conditions. This legal principle supports your right to compensation, regardless of your prior health issues, as long as the accident made things worse.

How Can a Car Accident Lawyer Help?

Navigating a car accident claim with a pre-existing condition is complex. Here’s how a car accident lawyer can assist:

• Thorough case evaluation: Analyzing your medical history and the accident to build a compelling case.
• Gathering expert opinions: Collaborating with medical professionals to link your worsened condition to the accident.
• Challenging insurer tactics: Pushing back against attempts to minimize or deny your claim.
• Negotiating for fair compensation: Ensuring you receive damages for pain, suffering, lost income and medical expenses.
  

Get Expert Advice from Aaron Waxman and Associates, P.C. Help

At Aaron Waxman and Associates, P.C., we understand how complicated it can be to pursue compensation when you're already dealing with a medical history. Our firm is well-versed in car accident law and has helped countless Ontarians get the settlements they deserve — even with pre-existing conditions.

We provide:

• Personalized case assessments
• Access to medical experts
• Aggressive negotiation with insurance companies
• No-win, no-fee arrangements

Let us handle the legal challenges while you focus on recovery.

Conclusion

If a car accident has worsened your pre-existing condition, you don’t have to navigate the process alone. Contact Aaron Waxman and Associates, P.C. today for a free consultation. Let our dedicated car accident lawyers help you protect your rights and secure the compensation you deserve.