How Pre-Existing Conditions Impact Your Personal Injury Claim in Ontario

June 12, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

If you’ve been injured in an accident and have a pre-existing medical condition, you may wonder how it will affect your personal injury claim. This is a common concern for many Ontarians, and the answer is both nuanced and highly dependent on proper documentation and legal strategy.

Understanding the Legal Framework

Ontario law operates under the "thin skull" doctrine, which means that a defendant must take a victim as they find them. In other words, if your condition made you more susceptible to injury, that does not reduce your right to compensation. The law recognizes that the same accident can affect different people in different ways, depending on their health and circumstances.

However, insurance companies often try to minimize or deny claims by blaming ongoing symptoms on pre-existing conditions rather than the accident itself. That’s where having strong legal representation becomes critical.

The Role of Medical Evidence

Medical documentation is essential to establish how your condition has changed following the incident. At Deutschmann de Koning, we work with your treating physicians and independent experts to determine:

• The baseline state of your health before the accident
• How the accident worsened or exacerbated your existing condition
• The new limitations and treatments required due to the injury

This evidence helps us build a clear narrative showing the connection between the accident and your current challenges.

Common Conditions That Complicate Claims

Pre-existing conditions that frequently arise in personal injury cases include:

• Degenerative disc disease
• Arthritis or chronic joint pain
• Anxiety or depression
• Previous concussions or brain injuries
• Old fractures or musculoskeletal issues

In many cases, an accident may accelerate or aggravate these conditions, causing new pain, disability, or emotional trauma that deserves compensation.

How a Lawyer Can Help

When you're up against an insurance company that is downplaying your claim, the support of an experienced personal injury lawyer can make all the difference. At Deutschmann de Koning, we take a strategic approach by:

• Reviewing your full medical history
• Working with expert witnesses to isolate accident-related impairments
• Negotiating firmly with insurers who attempt to shift blame

We ensure that your voice is heard and that your injuries are seen in the full context of your health and life.

Protect Your Right to Fair Compensation

Don’t let a pre-existing condition stand in the way of the compensation you deserve. If your injuries were made worse by an accident, you may still have a strong legal claim.

Contact Deutschmann de Koning Personal Injury Law for a free consultation. We’ll evaluate your case and help you navigate the complexities of Ontario’s personal injury system.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.