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Pre-Existing Condition

  • Published by Hergott Law,

I was disabled prior to my car crash, but things are much worse now.  Will the court take my pre-existing problems into account when assessing damages? In reasons released this week, Justice Hinkson discussed the case of a woman who

  • Published by Hergott Law,

If my injuries are psychological, causing honest but mistaken perceptions about my limitations, will the defendant be liable for my perceived limitations? What if I had no pre-existing psychological symptoms? In a unique case released in early 2016 (Pololos v. Cinnemon-Lopez 2016

  • Published by Hergott Law,

While I admit to suffering from chronic health conditions before my crash, I was able to manage them with medication and exercise. In no way did they limit me in my abilities to do my job or live my life

  • Published by Paul Hergott, Personal Injury Lawyer,

While having my injuries examined, it is discovered that I have a pre-existing condition that may be related to injuries – how does this affect my claim? In the case of Chow v Goodman (2016 BCSC 1486) the plaintiff, a