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.
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.