TAC common law claims with a pre-existing injury or illness

Many people who are injured in a car accident or other road accident in Victoria assume that because they have a pre-existing injury or medical condition that they are unable to pursue a TAC claim for common law damages. This simply isn't the case.

You can pursue a TAC common law claim in circumstances where you have aggravated an existing injury or condition. You can also pursue a claim where an underlying condition was previously asymptomatic but becomes symptomatic following your accident. For example, you may have underlying osteoarthritis in your hip joint, and, despite this condition, you experience no symptoms. Following a road accident, however, you develop pain and discomfort in your hip due to the underlying arthritic condition.