A previous does not take away your right to full and fair compensation for injuries you suffer in an automobile, slip and fall, or other accident in Newfoundland and Labrador.

A prior injury may be relevant if it affects the same body part or your overall ability to function.  The insurer still has to compensate you for provable injuries caused in each at-fault accident.  Those injuries include a worsening of existing injuries (more pain and limitations; longer recovery time, etc.).  Compensation is also payable for new injuries that did not exist before the collision.  If no additional adverse effects were suffered in a second accident, no compensation would be payable.  This is general principle applies to all accident claims: if there are no adverse effects caused by the accident, there is no compensation.

Your claim is more straightforward if you have largely recovered from a prior injury.  This is measured by the status of treatment for the prior injury and whether it has a continuing effect on your life, in particular: regular work, household, and leisure activities.  If possible, you should be treated by the same medical and health care professionals who treated you before.  Provide complete answers to any questions about prior conditions.  This promotes a) a good understanding of your injuries and b) your credibility in providing reliable answers.

Even if a previous accident made you more vulnerable to being disabled, you may be entitled to substantial compensation.  The Supreme Court provided full compensation to a mechanic with a bad back injury who could no longer continue to work after his back was hurt once more in a separate accident.  Substantial compensation may be payable if an accident is a final blow that triggers chronic pain or depression.

AylwardLaw.ca has assisted many clients with pre-existing injuries for more than 30 years.  I would be happy to provide you a free consultation about a claim and how a trusted and experienced lawyer can assist you. You can reach out by completing the form on this webpage, by email, phone call, or text message.