Can a Pre-Existing Condition Hurt My Car Accident Case?

 

Car accidents can be life-altering, especially if you already have a pre-existing medical condition. In Alberta, understanding how these conditions might affect your personal injury claim is crucial. This blog explores the impact of pre-existing conditions on car accident cases and provides guidance on navigating the complexities involved.

 

 

 

Understanding Pre-Existing Conditions

A pre-existing condition is any health issue you had before the car accident. These can range from chronic pain and previous injuries to conditions like arthritis or degenerative disc disease. When a car crash exacerbates these conditions, it can complicate the legal process of claiming compensation.

 

 

 

Alberta Law and Pre-Existing Conditions

In Alberta, the “thin skull rule” applies, meaning the defendant must take the victim as they find them. If a car accident aggravates a pre-existing condition, the at-fault party is still liable for the exacerbation. However, proving the extent of aggravation can be challenging and requires thorough medical documentation and expert testimony.

 

 

 

Proving Aggravation of Pre-Existing Conditions

To successfully claim compensation, you must demonstrate that the car accident worsened your pre-existing condition. This involves:

1. Medical Records: Provide comprehensive medical records showing your condition before and after the accident.
2. Medical Expert Testimony: Engage medical experts to testify on how the accident aggravated your condition.
3. Consistent Treatment: Maintain consistent treatment and follow-up with healthcare providers to document the changes in your condition.

 

 

 

Statistics on Pre-Existing Conditions

• Frequency: Studies show that approximately 50% of adults have at least one chronic condition.
• Impact on Claims: Cases involving pre-existing conditions often require more extensive medical documentation and expert involvement, potentially increasing legal costs.

 

 

 

Tips for Handling Pre-Existing Conditions in Your Case

• Be Honest: Disclose your pre-existing condition to your personal injury lawyer immediately.
• Gather Evidence: Compile all relevant medical records and evidence of your condition before the accident.
• Follow Medical Advice: Adhere to treatment plans and keep detailed records of all medical appointments and treatments.

 

 

 

Conclusion

A pre-existing condition does not disqualify you from receiving compensation after a car accident in Calgary or Edmonton. However, it adds a layer of complexity to your case. By working with a knowledgeable personal injury lawyer and providing comprehensive medical documentation, you can strengthen your claim and ensure you receive the compensation you deserve.

 

If you’ve been in a car accident and have a pre-existing condition, contact a personal injury lawyer at The Accident Lawyers. We can help you navigate the complexities of your case and fight for your rights.