People with a history of one or two car accidents often worry that this may influence their damage award in potential future accidents. This concern isn’t unjustified, considering that the defendant’s lawyers will surely look into your medical records as they’re building their case. To know how any of your pre-existing injuries or conditions may influence your damage award, read on.
The influence your pre-existing injury will have on your case:
Your previous injuries and the potential current aftermath of that will be factored in which can lead to one of three outcomes. After you’ve been put into the “thin skull” or “crumbling skull” category, your directions are limited. Under the thin skull label, you’ve been determined as a plaintiff with a pre-existing condition that has unpredictably worsened the suffering you have endured after the recent accident. For this, the defendant will be held accountable. The crumbling skull label determines you as a plaintiff who would have been faced with their current injuries under all circumstances, accident or not. Because of this, the defendant will not be held liable.
The final outcome would be if you had a pre-existing condition that has now been worsened by the accident. In this case, the defendant is held responsible, but only for the added impediment which will lessen the damages or compensation you’d be owed under other circumstances.
The reason pre-existing conditions are considered:
The Supreme Court of Canada has ruled that defendants should not be held responsible for any injuries or conditions they have not caused. However, this doesn’t mean they won’t be held liable because of unforeseen contributing factors, it merely means the plaintiff will be considered as a person with a pre-existing condition and as such, the defendant will only be held accountable for any additional harm they have caused. Because of this, it is vital to factor in the plaintiff’s position previous to the accident.
How a personal injury lawyer can help:
Since any pre-existing injuries and conditions will be factored into the assessment of your claim, you may want to contact a personal injury lawyer in Cornwall who will make sure that it is rightfully considered.You can also make use of any free consultation that may be offered in light of an accident or any concern regarding your pre-existing injuries and how they may influence your damage award. Most of the injury lawyers that have the requisite experience understand all facets of the claim. They will assist you through the whole process, ensuring that you get the highest claim amount.