Sometimes The Hardest Cases Don’t Look Complicated At First
Just because a case doesn’t involve a catastrophic injury or liability dispute, doesn’t mean it isn’t a difficult personal injury case. Sometimes, the biggest challenge isn’t proving how a collision happened but, proving how the collision changed someone’s life.
In this case, a client was injured in a low-speed motor vehicle collision. Liability was never seriously disputed, and at first glance, it appeared to be a fairly routine claim.
Unfortunately, this wasn’t true. Their case carried a significant complexity. Prior to the motor vehicle accident, our client had several pre-existing medical conditions, and, at the time of the accident, was already on a medical leave of absence from work.
As a result, our client’s insurance company had an argument that they were eager to rely on:
- With no paycheque coming in at the time of the collision, there was no income loss to compensate.
Our team saw the case very differently.
Forming The Case
Rather than accepting the insurer’s framing, we got to work immediately. We understood that:
- proving income loss would require us to build a clear and credible picture of who our client was before the accident
- we needed to prove that our client was expected to return back to work from their previous injury
This meant going well beyond the medical records.
We conducted interviews with friends, co-workers and others who could speak to how our client had been functioning in the weeks leading up to the accident. We were able to:
- build a picture of our client that was not defined by their medical history
- show to our client’s insurance company that our client was:
- engaged
- capable
- actively preparing to return to their career
This being said, the medical records still provided important details that helped strengthen our case. We carefully reviewed the medical records from before the accident, which documented a trajectory of recovery, not a plateau.
All the evidence clearly showed that a return to work was planned and well within reach prior to the collision.
Why Pre-Existing Conditions Do Not Automatically Preclude Recovery in a Personal Injury Claim
One of the most common misconceptions personal injury lawyers hear is that pre-existing medical conditions prevent someone from recovering compensation after an accident.
Insurance companies will argue that the plaintiff was:
- already unwell;
- already out of work; and
- that the accident cannot be blamed for losses that were already unfolding
In this specific case, dismantling that argument required demonstrating two things simultaneously:
- that our client had been functioning at a high level despite their medical history, and
- that the return to work was not speculative but imminent and planned.
Neither point could be assumed.
By gathering evidence early, we were able to build out a clear timeline that showed where our client was before the collision and how the accident changed the course of their recovery. Instead of allowing our client’s insurer to focus on their past medical history, we were able to present a fuller picture of what their life looked like before the collision.
Building the Case Before the Insurer Could Control the Narrative
In this case, we secured a settlement that included compensation for economic loss.
This was done by gathering evidence early, we were able to build out a clear timeline that showed where our client was at before the collision and how the accident changed the course of their recovery. Instead of allowing our clients insurer to focus on our client’s past medical history, we were able to present them with a fuller and more complete picture.
Always Look Beyond the Insurance Company’s First Impression
This case is a reminder that the value of a personal injury claim is not always visible on the surface.
More often than not, cases are built through careful investigation, early preparation and a deep understanding of our clients’ stories long before they ever reach mediation or trial.
Just because a plaintiff is not actively working at the time of an accident does not mean that they don’t have an income loss claim.
If you or someone you love has ever been injured in a motor vehicle accident, and were on leave from work at the time in Ottawa, Kingston or elsewhere in Eastern Ontario, Bergeron Clifford Injury Lawyers can help you understand your legal options.
Book a free consultation with us today.
