Handling a personal injury claim can be complex when pre-existing conditions are involved. At The Accident Lawyers – Personal Injury Lawyers, serving Calgary and Edmonton, we guide our clients through the intricacies these conditions add to personal injury cases.
The Impact of Pre-existing Conditions
Pre-existing conditions are health issues that existed before your personal injury incident. In Alberta, where many individuals manage chronic health conditions, it’s important to understand how such existing issues affect claims.
The Eggshell Skull Rule
Under the “eggshell skull” rule, a defendant is liable for all injuries caused, even if the plaintiff’s pre-existing condition makes the injuries worse. This principle ensures fair treatment in personal injury claims, emphasizing that defendants must “take their victims as they find them.”
Proving the Injury Exacerbation
Medical Documentation
Distinguishing new injuries from pre-existing ones is crucial. Accurate and comprehensive medical records are essential to establish the baseline of your health before the incident.
Expert Testimony
Expert medical testimony may be necessary to demonstrate how the accident worsened your condition, which is vital for substantiating your claim.
Legal Considerations
Transparency
Full disclosure of your medical history is crucial as concealing pre-existing conditions can jeopardize your case.
Compensation Challenges
The presence of pre-existing conditions can complicate compensation calculations, with insurers often arguing that damages should be attributed to these conditions. A knowledgeable personal injury lawyer can effectively counter these arguments.
Conclusion
If you’re dealing with a pre-existing condition and face a personal injury scenario in Calgary or Edmonton, consulting a personal injury lawyer is essential. At The Accident Lawyers – Personal Injury Lawyers, we ensure your claim reflects the true extent of the accident’s impact on your health. Contact us to protect your rights and secure the compensation you deserve.