Pre-Existing Health Conditions and Toronto Injury Claims

You do not have to voluntarily disclose your pre-existing conditions to the insurance company. If the insurance company is asking for access to your medical records, talk to your lawyer. A lawyer in Toronto can evaluate what you should share and can manage communications with the insurer on your behalf.

Be aware, though, that just because you have a preexisting medical condition, such as a bad back or even a previously unknown degenerative condition, it does not mean you cannot recover compensation for your injuries. Even if you aggravated a preexisting condition, you may still recover compensation for your new injuries.

Risks Of Sharing Too Much Information

An individual should never lie to an insurance company, and concealing medical information related to the injury may seriously hurt an individual’s claim. However, an individual is not obligated to voluntarily disclose all of their medical information to the insurance company. The insurance company is entitled to medical records related to an individual’s injuries, but they do not have to share their entire medical history.

Never give a recorded statement to the insurance company or agree to sign any documents, including a medical release form, without first asking a lawyer to review them. If the insurance company makes repeated or vexatious requests for an individual’s records, they should direct them to their lawyer.

Preexisting Conditions Do Not Bar From Compensation

An unrelated preexisting condition should have no effect on an individual’s current injury claim. For example, if someone suffered a neck injury five years ago and their most recent accident caused fractures in their lower extremities, their previous neck injury should have no effect on their current claim.

If an individual’s preexisting condition is related to their new injuries, it may affect their claim, but it does not bar them from recovering compensation. For example, if an individual’s most recent accident aggravated their old neck injury, they can still recover compensation for the aggravation and worsening of their old injury.

Before an individual accepts an insurance company’s settlement offer, they should review their case with a lawyer to better understand if and how their preexisting condition may affect their current injury claim. A lawyer will make sure they have the supporting medical evidence to prove the existence of any injuries and the value of the claim for such injuries.

Contact A Lawyer

Insurance companies may take various positions in order to reduce your settlement or deny your claim altogether. A common position taken by insurers may be to blame injuries from your recent accident on a preexisting condition.

Never let the insurance company force you into accepting a settlement, and do not agree to any settlement offer without having a lawyer review it first. A lawyer will deal with the insurance company and help you collect the medical evidence you need to prove your injuries are not preexisting or that your current injuries worsened your preexisting injuries.

We’re here to help.