Navigating the world of personal injury claims can be complicated, especially when pre-existing injuries are involved. Most everyone has health issues to face, but previous conditions that were either known or unknown at the time of an accident can significantly influence the trajectory and outcome of your legal claim.
The good news is that, to some extent, Canadian law protects your right to be compensated even if your health was less than 100 percent before the accident occurred. This article aims to shed light on how pre-existing conditions can affect personal injury claims in Canada, giving you valuable insights so you can successfully navigate the challenging legal landscape.
We hope this blog benefits you, but the legal team at Grover Law Firm also extends a warm invitation for you to speak with us in a free consultation. Once you explain the details of your case, we can give you a more realistic idea of the most likely outcome of your personal injury claim.
Defining Pre-Existing Conditions
A pre-existing condition is any medical condition or injury that existed before the incident in question. The condition isn’t just limited to major illnesses; it can include anything from lingering back pain from an old hockey injury to a chronic condition like arthritis – or maybe you are still recovering from a previous car accident.
Our hearts go out to you if this is the difficult situation you or your loved one has wound up in. Please be aware that there may be a way out. We know how to maximize the compensation you are due to receive, even if you suffer from a pre-existing condition.
The legalities of such a case can be rather complex at times, but the critical aspect is simple: The pre-existing condition had to have existed before the current accident or incident that forms the basis of your personal injury claim. Determining the extent to which the recent accident worsened a pre-existing injury – versus the impact of the condition itself – is the key factor.
Alberta’s Legal Framework for Pre-Existing Conditions
Canada’s personal injury law is designed to provide compensation to individuals hurt due to the negligence or wrongful acts of others. This principle applies even when a pre-existing condition complicates the situation.
If you’re dealing with a personal injury claim and you were already facing a medical condition beforehand, you might be wondering how that impacts your case. This is a valid concern, and two legal principles called the “thin skull rule” and the “crumbling skull rule” are particularly relevant here.
Thin skull rule
The thin skull rule, as established through Canadian tort law, basically says that someone who causes you harm can’t get away with saying, “Well, you were already fragile, so I’m not paying for your medical expenses.” Rather, if you had a pre-existing condition, even one that wasn’t causing you any problems at the time, and the liable party’s negligence caused you injuries that were worse than expected because of your pre-existing condition, they are still responsible for the damages you are owed.
Essentially, our legal system requires the person who hurt you to accept you as you were – pre-existing conditions and all.
Thus, if you have a unique vulnerability due to a pre-existing condition, and the liable party’s actions triggered an even more significant health issue, they can’t deny responsibility just because you might not have been hurt as badly otherwise. The point of this rule is to ensure that you are fully compensated by the liable party for the harm suffered due to the accident they caused.
Crumbling skull rule
The crumbling skull rule differs from the above. This one comes into play if you already had a pre-existing condition that was actively worsening or was going to worsen – regardless of the accident.
Imagine having a degenerative disc disease that was slowly getting worse over time. In such a situation, the person who caused your injury isn’t responsible for the pain and limitations you would have experienced anyway. However, that individual is responsible for any acceleration or aggravation of that condition caused by his or her actions – as established by the thin skull rule.
The liable party, therefore, is on the hook for making your already bad situation worse, but not for the underlying condition itself.
In either case, handling your personal injury claim calls for fairly assessing what damage the other involved party, or parties, caused – above and beyond what was already happening to you. For the assessment to be fair, you must be honest from the start.
Disclosing Your Pre-Existing Medical Condition: Imperative
Honesty is paramount when dealing with a pre-existing condition in a personal injury claim. Attempting to conceal the medical condition can severely damage your credibility and undermine your legal case.
Instead, be sure to do the following:
- Be transparent with your lawyer and the insurer from the very beginning to foster trust and allow for a fair assessment of the damages
- Hold on to complete and accurate medical records, and document your injuries as well as how your personal injury has affected your daily life
- Disclose your pre-existing injuries to prevent accusations of concealing the truth or exaggerating your pain and suffering, which can significantly impact your claim’s credibility
- Examine the law, which typically recognizes new injuries (even if they are amplified by a pre-existing injury), acknowledging that the accident made the condition worse; a personal injury lawyer is best qualified to do this
However, we recommend holding off on speaking to the involved insurance companies directly. Have your lawyer talk to them instead to protect your interests. We don’t want them to use the crumbling skull rule against you or otherwise exaggerate the effect of your pre-existing condition on your current well-being.
Proving Aggravation of Pre-Existing Conditions
Pre-existing injury can impact the amount of compensation awarded in a personal injury claim, but it doesn’t necessarily negate your right to compensation.
The key to fair compensation? Demonstrating the extent to which the accident worsened your pre-existing condition.
Medical evidence
First, your personal injury lawyer needs to connect your recent personal injury accident to your current condition.
The extent of your injuries due to the personal injury accident and the specific impact of the accident on your pre-existing injuries need to be clearly linked together. To accomplish this, medical evidence – including detailed medical records and diagnostic tests – can be useful.
Your lawyer may see fit to do more than gather evidence, even seeking the expert testimony of a doctor or another qualified person who can verify the aggravation of the pre-existing injury and how your recent accident has affected your life.
Independent Medical Examinations (IMEs) may be necessary to assess the impact of the accident on your pre-existing injury and provide an objective evaluation of the situation.
The other party’s actions
Being assigned liability means being held responsible, so your claim must be filed against the correct party or with their insurance company. The party liable for your injuries is to be financially responsible for the damages you have suffered.
Thus, your lawyer must demonstrate, beyond a reasonable doubt, that:
- The liable party had a duty of care towards you
- They breached that duty through negligent actions or omissions, and;
- This breach directly caused your injuries and resulting damages
An experienced personal injury lawyer can prepare a compelling legal argument showing that the harm caused would not have occurred but for the liable party’s actions, thereby establishing the necessary causal link for a successful claim.
Let your lawyer work on all of the above, to clearly and convincingly show how the accident made your pre-existing condition worse than it was before. This will bring you peace of mind and also maximize your potential compensation.
Let Us Fight to Protect Your Rights
Remember, the law protects those with pre-existing health conditions. The aim is to ensure that personal injury victims can get the compensation they need to cover their medical expenses and other damages. Personal injury lawyer can put the law to work for you, protecting you and your family.
Without consulting a skilled legal team, you cannot be sure which of the thin skull or crumbling skull rules apply to you, so don’t hold back. Start with a no-obligation, free consultation with local Alberta personal injury lawyers.
Grover Law Firm’s experienced legal team can provide the legal guidance you need at this trying time. Get in touch with us anytime, day or night, to schedule a free consultation, and we can examine your pre-existing condition personal injury case in detail.