Pre Existing Conditions
Q: If I have pre-existing medical issues, am I stopped from claiming for injuries in a motor vehicle accident?
A: No. You are most certainly not stopped from claiming for injuries caused in a car accident. You do not have to be in perfect medical condition to be due fair compensation. The challenge of separating your pre-existing medical conditions from your injuries sustained in the motor vehicle accident is a challenge for the medical experts. In British Columbia (and right across Canada), our courts respect that each person must be treated fairly in law and each person has their own unique set of circumstances, and that includes your medical history. A motor vehicle accident can potentially aggravate your pre-existing medical issues and/or it might cause new injuries or symptoms. Ultimately, it is the court's job to make sense of the medical evidence and to treat people fairly.
Sorting out what your life would have been like without the car accident can be challenging for the experts and our courts, but it is regularly done. Just remember that you don't have to be in perfect medical condition before an accident, to be due a fair settlement. Get good legal advice from a lawyer who knows.