How Past Involvement In A Motor Vehicle Collision Can Affect Your Personal Injury Claim
Following an injury sustained in a car accident, you will most likely find yourself confronted with the task of filing a personal injury claim with the ICBC. If this isn't the first time you have dealt with this in the recent past, you may now be wondering how any past injuries can affect this claim.
The truth is that such worries are not baseless. There have been instances in which an insurance company's attorney has claimed that a plaintiff's injuries actually stemmed from a past accident. However, this is where you will need and experienced personal injury lawyer to represent you. With their help, you will be able to prove that your injuries' true origins lie in the recent accident, not any other.
Baseline of Your Health
For your personal injury lawyer in Kelowna, a vital task will be to establish the baseline of your overall health. This is done by gathering older medical records which detail whether or not prior health conditions could have influenced your current state of injury. For example, if past injuries were located elsewhere from your current injuries, any argument about a relation between the two can be fully dismissed. However, if a previous condition was similar to your current one, you will need to obtain medical proof that you have fully recovered from it in order to obtain compensation for your current injuries.
Thus, it is important that you always keep your medical reports safely because you never know when it might be needed. You may want to talk with your lawyer before you submit any documents to file a claim. Proper documentation and medical reports play an important part in helping you get the desired claim.
When Existing Injuries Are Aggravated
Even if you have been living with a condition that significantly increases your chances of sustaining certain injuries, you should still be capable of obtaining compensation. After all, it was the accident that caused the injury, and not your pre-existing condition. If the defendant hadn't collided with your vehicle, you wouldn't be injured now, and that is a fact that should not be overlooked because of your pre-existing condition.
Again, an experienced personal injury lawyer will be vital in such a case. They will know how to properly phrase the importance of this to a judge so your rights are protected and your entitlement to compensation is defended.
Obtaining Maximum Compensation
Since there are quite a few circumstances under which a pre-existing condition, or a past accident, can negatively influence your current claim, it would be wise to obtain legal counsel in order to drastically increase your chances of successfully obtaining compensation.