When people think of accident injuries, they often think about “new” injuries. The reality, however, is that many victims of accidents suffer from pre-existing conditions that are worsened by an accident. Take, for example, a person who suffers from neck pain whose injuries are aggravated by a whiplash-type injury in a car accident. From a legal perspective, pre-existing conditions are handled differently than “new” injuries.
This blog post will explore the concept of pre-existing conditions and will consider how a plaintiff’s pre-existing injuries can impact their personal injury claim.
What is a Pre-Existing Condition or Injury?
Pre-existing conditions are any medical conditions that an accident victim had before the accident in question occurred. Pre-existing conditions can include prior injuries, chronic health conditions, or other health issues that impact the victim’s overall well-being.
Some examples of pre-existing conditions that can impact personal injury claims include:
- Mental or emotional conditions (for example, depression or anxiety)
- Prior injuries (for example, musculoskeletal injuries or head injuries)
- Health conditions (for example, heart conditions)
Legal Framework for Pre-Existing Conditions in Personal Injury Claims
Typically, when a defendant is found liable for an accident, they will be found liable for any resulting losses or injuries suffered by the plaintiff. This is where pre-existing conditions can impact personal injury claims.
Two legal considerations apply when considering pre-existing conditions in personal injury claims: the “thin skull” rule and the “crumbling skull” rule.
The Thin Skull Rule
In personal injury claims, defendants must take the plaintiff as they find them—along with any pre-existing conditions they might suffer from. In other words, if a plaintiff has a pre-existing condition that makes them more susceptible to injury, the defendant is still responsible for the resulting loss or injury even where the same injuries might have less of an impact on a person without the plaintiff’s condition.
For instance, if a plaintiff suffered from post-traumatic stress disorder (PTSD) prior to an accident, and the accident aggravates their mental health condition, the defendant is still responsible to compensate the plaintiff for such injuries, even if the plaintiff is more susceptible to injury than another person.
The Crumbling Skull Rule
While defendants must take plaintiffs as they find them, they are not responsible for the plaintiff’s pre-existing conditions themselves. The defendant is also not responsible for compensating a plaintiff for the subsequent effects of the injury that would have occurred anyway. Rather, defendants are only liable for any aggravation or worsening of the plaintiff’s pre-existing injuries that were caused by the accident.
Returning to the example of a plaintiff who suffers from PTSD, the defendant would only be liable for the plaintiff’s aggravation of their PTSD that arose due to the accident and would not be found liable for the plaintiff’s PTSD, generally.
The Impact of Pre-Existing Conditions on Personal Injury Claims
Pre-existing conditions impact personal injury claims in several ways, some of which are explored below in further detail.
How Does the Defendant Know I Have a Pre-Existing Condition?
In a personal injury claim, both the plaintiff and defendant must provide evidence relating to the accident. The plaintiff is also required to produce their medical records prior to and following the accident, in order for the parties to better understand how the accident impacted and injured the plaintiff.
The plaintiff may also be questioned by the defendant’s lawyer at an “examination for discovery”, which is a meeting where each party has the opportunity to ask the other party questions about the accident and its impact on them. During this time, the defendant’s lawyer will typically ask the plaintiff questions about their pre-accident conditions.
Proving Aggravation of Pre-Existing Conditions
In a personal injury claim, the plaintiff is responsible for proving their accident injuries, along with proving that the defendant’s negligence made a pre-existing condition worse, where appropriate. Your personal injury lawyer will help build a strong case on your behalf, which often involves obtaining detailed medical evidence to demonstrate the extent of your pre-existing condition and the impact of the accident on your injuries. In some cases, your personal injury lawyer may also send you to an independent medical examination wherein a specialist will assess you and explore this impact in greater detail.
On the other hand, defendants will aim to prove that the plaintiff’s post-accident condition is primarily due to their pre-existing condition rather than any resulting accident injuries. Like the plaintiff, the defendant will rely on medical and expert evidence to argue that the accident did not have an impact on the plaintiff’s pre-existing condition.
Do Pre-Existing Conditions Affect Compensation?
If you have a pre-existing condition, it can impact the amount of compensation you are awarded in a personal injury case. While damages can be awarded for any injuries or worsening of pre-existing conditions that occurred due to the accident, compensation will not be awarded for the existence of the pre-existing condition itself or any natural progression that would have occurred regardless of the accident.
Contact Tierney Stauffer LLP’s Experienced Litigation Lawyers for Skilled Representation in Personal Injury Cases
At Tierney Stauffer LLP, we recognize the challenges victims of accidents face, which is why we provide personalized attention to help bring about the best possible resolutions for our clients. Our trusted personal injury lawyers take a cohesive and client-centred approach to personal injury claims. Whether you were injured in a car accident, pedestrian accident, slip and fall, or medical malpractice incident, our team is ready to help.
With a large team spread across the province, our lawyers assist our clients throughout Ottawa, Kingston, Cornwall and North Bay. If you have been injured in an accident, call us at 1-888-799-8057 or contact us online to schedule a free consultation with a member of our team.
