In Alberta personal injury law, the Thin Skull Rule and Crumbling Skull Rule are essential doctrines, especially in car accident cases. These rules can determine the level of compensation a plaintiff may receive if they had a pre-existing condition prior to the accident. Understanding how these rules apply can clarify your rights if you’ve been injured in Calgary, Edmonton, or elsewhere in Alberta.
What is the Thin Skull Rule?
The Thin Skull Rule asserts that a defendant must “take their victim as they find them.” This means that if someone suffers greater harm due to a vulnerability or pre-existing condition, the at-fault party is fully responsible for all damages caused, even if the injury is more severe than might have occurred in a person without that vulnerability.
For instance, in a car crash, if the plaintiff has a prior neck injury that worsens significantly due to the accident, the defendant cannot argue that they should pay less because of the pre-existing condition. Under Alberta law, the Thin Skull Rule ensures that individuals with pre-existing conditions are still fully compensated for all additional harm caused by the accident.
What is the Crumbling Skull Rule?
The Crumbling Skull Rule addresses cases where a plaintiff has a condition that would have naturally deteriorated over time, regardless of the accident. Unlike the Thin Skull Rule, the Crumbling Skull Rule acknowledges that some conditions are likely to worsen on their own. In these cases, the defendant is only liable for the extent to which the accident accelerated the deterioration, not for the natural progression of the condition.
For example, if a person has degenerative disc disease and is in a car crash, the Crumbling Skull Rule could apply if it’s likely that their condition would have worsened independently of the accident. Compensation, in this case, would be limited to the amount by which the crash accelerated the degeneration.
How Alberta Law Applies These Rules
In Alberta, both the Thin Skull Rule and Crumbling Skull Rule are recognized under personal injury law. Courts evaluate each case individually, assessing the plaintiff’s medical history, the specific injuries resulting from the accident, and the medical evidence supporting the progression or aggravation of any pre-existing conditions.
Alberta courts strive to ensure fair compensation by distinguishing between injuries caused directly by the accident and those that might have occurred naturally over time. This often involves detailed analysis and medical expert testimony to differentiate between damage solely caused by the accident and damage that would have occurred due to a pre-existing condition.
Key Alberta Cases Applying the Thin Skull and Crumbling Skull Rules
- Athey v. Leonati (1996) – This Supreme Court of Canada case laid out the difference between the two rules, explaining that while the Thin Skull Rule compensates for the full extent of injury regardless of pre-existing vulnerability, the Crumbling Skull Rule recognizes pre-existing conditions that would worsen independently of the defendant’s actions.
- Stevenson vs. Thompson, 2017 ABQB 451 – In Alberta, this case further demonstrated how courts analyze and apply these doctrines. Here, the court examined the plaintiff’s medical history and used expert testimony to determine the extent of injury attributable to the car accident versus the expected progression of an existing condition.
Thin Skull and Crumbling Skull in Car Accidents
When car accidents in Calgary or Edmonton involve individuals with pre-existing conditions, these rules significantly impact the case’s outcome. For example, in a rear-end collision, if the injured party already suffered from whiplash or chronic pain, it’s essential to establish whether the accident worsened their condition (Thin Skull) or simply brought forward the inevitable deterioration (Crumbling Skull).
Seeking Legal Assistance for Complex Cases
Understanding the nuances of the Thin Skull and Crumbling Skull rules can be challenging, particularly when dealing with insurance companies and medical evidence. Consulting with an experienced personal injury lawyer in Calgary or Edmonton can help clarify your rights and build a strong case for appropriate compensation.
In Alberta, The Accident Lawyers can guide you through the complexities of personal injury claims involving pre-existing conditions. We work closely with medical experts to assess the full impact of an accident on your health and ensure that you are fairly compensated, regardless of any pre-existing conditions.