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When you have a pre-existing condition and you become injured when an accident occurs and your condition becomes worse, how is that handled in today’s court system? People deal with health issues throughout their lifetime and while some are simply minor conditions, others can be major. If you file a personal injury claim after an accident, your Personal Injury Lawyer in Barrie need to know how your pre-existing conditions are going to play a factor in your claim.
Proving your injury is related to the accident
One thing you have to do in a personal injury claim is provide enough proof that either you are right or you are innocent. A personal injury can entitle you to recover compensation for your injuries as well as pain and suffering due to an accident that was caused by someone’s negligence.
If you have a pre-existing condition prior to an accident, that injury will become part of the compensation that is awarded to you but only to some degree. This type of suit is known as an aggravation of a pre-existing condition due to the injury and can apply to the mental injuries as well as physical. You will need to provide proof that the pre-existing condition became worse due to the accident.
Thin Skull Rule
This rule is put in place to remind everyone involved in a claim that just because a pre-existing condition exists, it doesn’t make the injuries sustained in an accident any less painful or easy to erase. A pre-existing injury to an individual may make them more susceptible to an injury however, negligence is still negligence no matter how you present it. With this rule in play, an insurance company cannot state that there is no reason for a case. The party that was at fault of the accident is still going to be held liable for the harm that he/she has caused the victim(s).
Crumbling Skull Rule
The crumbling skull rule is also in place to protect those who have a pre-existing condition. This rule states that the pre-existing condition will become worse over time even if the accident didn’t occur.
When this rule becomes part of the defense, the compensation that you receive may be reduced because of it. An example of this would be if you had a bulging disk prior to an automobile accident. When the accident occurred, the disk is now herniated. Even though a victim cannot be compensation for any pre-existing condition, they can be ensured that they can get back to the condition that they were in pre-accident.
Evidence to Support Your Claim
It is your job to be sure to support your claim by keeping up with your pre-existing condition as you go. You never know when an accident will happen and if it does, you want to be able to provide the necessary paperwork that can clearly state your physical or mental status prior to the accident or if your condition worsens after the accident occurs.