Does a Pre-Existing Condition Affect My Personal Injury Claim?
Suffering an accident when you already have health issues can feel overwhelming. Many people worry that their pre-existing health or medical conditions will be used against them, reducing their right to fair compensation after an accident. The truth is, Ontario law is designed to protect injured individuals in exactly these situations. Understanding how the law applies can make a powerful difference in your case.
One of the most important principles in these cases is known as the “eggshell skull” rule. In simple terms, a defendant must take a plaintiff as they find them. This means that if an accident aggravates an existing health or medical condition, the defendant is still responsible for the full extent of the harm caused. Even when injuries are made worse because of prior health issues, the injured person is entitled to damages for the worsened condition.
The real challenge often lies in proving the connection between the accident and the aggravated injury. Evidence is critical and medical records from before and after the accident can help demonstrate changes in your health. Expert testimony provided by a family doctor or other medical professional may further confirm that the accident directly contributed to the worsening of the condition. Documentation of increased pain, disability, or the need for additional treatment can also strengthen your case.
By carefully building this evidence, injured Ontarians can show the true impact of an accident on their lives and pursue the full compensation they deserve, even with pre-existing conditions.
