The Notorious “Pre-Existing Condition” – What does the Court say?

Personal Injury

Judicial reasons for judgement were delivered on May 29, 2014 by the Honorable Mr. Justice Bernart in MacAulay v. Field 2014 BCSC 937. The trial was conducted by Tim Delaney of our office at LK Law – the case involved a 51 year old female plaintiff with pre-existing back and neck issues. Insurance companies, like ICBC, tend to argue that your injuries are worth less because you already had an injured back or neck – they say it was a “pre-existing condition” or “pre-existing injury” and therefore the accident only mildly contributed to some pain. It is the job of a good personal injury lawyer to highlight the difference between how the condition manifested before the accident and how it changed after. Not all cases are alike… Learn more about pre-existing conditions.

Tim Delaney
Partner in Personal Injury and ICBC Car Accident Litigation
Lindsay Kenney LLP – Vancouver Office

Perminder Tung
Partner in Personal Injury and ICBC Car Accident Litigation
Lindsay Kenney LLP – Langley Office