Assessing the compensation to which an injured person is entitled following a motor vehicle accident is not an easy task. This is particularly so where the injured person has a pre-accident history of injury or medical condition that may or may not have been aggravated by the motor accident.

Pre-accident injuries and medical conditions can impact upon the assessment of damages for which the injured person is entitled. Where, for example, there is evidence of a pre­existing injury, disability or condition being aggravated by the subject accident then the court is required to undertake an evaluation as to how the injuries sustained in the accident have impacted upon the claimant. The person claiming is required to prove that the subject accident caused the claimant injury loss or damage and once this has been established the burden of proof then shifts to the insurer to prove what the effects of the unrelated injury or illness would have been but for the subject accident. That is, it is up to the insurer to try and disentangle the evidence in relation to the injuries, conditions and disabilities from which the claimant suffers and how same relate to the subject accident or any pre-existing condition. Usually an insurance company will recover the clinical records from the claimant’s treating doctors to establish the pre-accident condition and then call further evidence to argue what that condition would have meant for the claimant but for the injuries sustained in the subject accident. However, from the claimant’s perspective, it need only be established that the subject accident caused or materially contributed to the condition from which the claimant is suffering for the claimant to be entitled to recover damages commensurate with the entirety of the injury, loss or damage.

Brydens Lawyers are the experts in the prosecution of claims for injured persons to ensure that they receive proper compensation to which they are entitled even in circumstances where the injured person has a pre-existing injury or illness which can impact upon the assessment of damages to which the injured person is entitled.

Even if you have been involved in a prior accident or suffer from a prior medical condition you may still be entitled to damages for any injury sustained as a result of an accident for which compensation is payable. For a free no obligation consultation contact Brydens Lawyers today on 1800 848 848 or info@brydens.com.au

For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.

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