The Impact of Pre-Existing Injuries on Personal Injury Claims in Ontario
Personal injury claims can become more complex when there are pre-existing injuries involved. In this blog post, we'll explore how pre-existing injuries can affect personal injury claims in Ontario and what you need to know as a claimant.
Understanding Pre-Existing Injuries
A pre-existing injury refers to any injury, medical condition, or impairment that existed before the accident or incident that gave rise to your personal injury claim. These injuries can range from chronic conditions to previous accidents or medical conditions that have already caused impairment.
How Pre-Existing Injuries Can Impact Your Claim
When filing a personal injury claim in Ontario, pre-existing injuries can have several implications:
Aggravation of Pre-Existing Injuries: If the accident or incident worsened or aggravated your pre-existing injury, you may still be entitled to compensation. The responsible party can be held liable for the exacerbation of your existing condition.
Proportional Liability: In cases where the pre-existing injury contributes to the current injury, the court may assign proportional liability. The responsible party may only be held accountable for the portion of the injury directly caused by their actions.
Compensation Reduction: The presence of pre-existing injuries can lead to a reduction in the compensation amount awarded. The court will assess the extent to which the new injury is attributable to the pre-existing condition and adjust the compensation accordingly.
Causation Challenges: The defense may argue that the injuries or symptoms experienced are solely due to the pre-existing condition rather than the accident itself. It becomes crucial to establish a clear link between the accident and the new injuries sustained.
Proving the Impact of the Accident
To strengthen your personal injury claim when pre-existing injuries are involved, consider the following:
Medical Documentation: Obtain comprehensive medical records and reports that clearly outline the nature and extent of your pre-existing condition and how it has been impacted by the accident.
Expert Testimony: Expert medical witnesses can provide professional opinions and establish a causal connection between the accident and the exacerbation of your pre-existing injuries.
Progressive Injury Evaluation: Demonstrate the progression or worsening of your condition after the accident through subsequent medical assessments and treatments.
Comparative Analysis: Provide a comparative analysis of your pre-accident and post-accident condition to establish the change or deterioration resulting from the accident.
Consulting with a Personal Injury Lawyer
Navigating personal injury claims involving pre-existing injuries can be challenging. It's crucial to consult with a knowledgeable personal injury lawyer who understands the complexities of Ontario's legal system. A skilled lawyer will help assess the impact of pre-existing injuries on your claim, gather relevant evidence, and build a strong case on your behalf.
If you or someone you know has suffered a personal injury and is seeking legal assistance, visit Ottawa Injury Law Firms to find a trusted personal injury lawyer or law firm in Ottawa, Ontario.
Conclusion
Pre-existing injuries can significantly influence personal injury claims in Ontario. While they may present challenges, they do not automatically disqualify you from seeking compensation. By understanding the implications, gathering thorough evidence, and working with an experienced personal injury lawyer, you can present a compelling case and strive for fair compensation for your injuries.
Remember, each case is unique, and it's important to seek personalized legal advice tailored to your specific circumstances.
DISCLAIMER: The information provided on this blog is for informational purposes only and does not constitute legal advice. The content is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel. We do not guarantee the accuracy or completeness of any information provided on this blog