How Pre-Existing Conditions Impact Your Injury Settlement in Edmonton

Edmontonians generally live highly active lives, which means many of us carry the lingering effects of past sports injuries, previous car accidents, or repetitive workplace strains. When you are involved in a new accident, insurance companies are quick to scrutinize your medical history. They frequently attempt to use any prior aches, pains, or documented surgeries as an excuse to minimize your current settlement, arguing that your current suffering is simply an old problem acting up.

However, Alberta personal injury law explicitly protects victims who are more vulnerable to injury. 📍 Whether you had a perfectly managed bad back before a rear-end collision on Gateway Boulevard, or a previous knee surgery that was completely disrupted by a slip and fall in a local grocery store, you still possess strong legal rights. Understanding how pre-existing conditions are treated by the courts is crucial to ensuring you receive fair compensation.

The Thin Skull vs. Crumbling Skull Rules in Alberta

In Canadian tort law, cases involving pre-existing conditions generally fall under one of two major legal doctrines: the “thin skull” rule or the “crumbling skull” rule. Understanding the distinct difference between these two concepts is the absolute foundation of your legal claim.

The Thin Skull Rule: This principle dictates that a negligent defendant “must take their victim as they find them.” 🏥 If you had an unusually vulnerable back (a “thin skull”) but the condition was perfectly stable and not causing you active pain before the crash, the at-fault driver is fully responsible for all the new pain and suffering their accident caused. You are entitled to be restored to your pre-accident state, even if a “normal” person would not have been injured as severely.

The Crumbling Skull Rule: Conversely, if your pre-existing condition was actively deteriorating (a “crumbling skull”) and you were already experiencing ongoing pain or were scheduled for surgery before the new accident, the defendant is only liable for the acceleration or worsening of your condition. They do not have to pay to put you in a better position than you would have been in had the accident never occurred.

Step-by-Step Process to Protect Your Injury Claim in Edmonton

Step 1: Seek Immediate Medical Attention and Disclose Everything

Following your accident, immediately visit a doctor at a local facility like the Grey Nuns Community Hospital. It is absolutely critical that you are completely honest with your treating physician about your entire medical history. Attempting to hide a previous injury will severely damage your credibility. Explain clearly what your baseline health was the day before the accident, and exactly how the new trauma has changed your daily functioning.

Step 2: Securing Comprehensive Medical Records

Your Edmonton personal injury lawyer will need to aggressively prove your pre-accident baseline health. 📄 This requires ordering years of past medical records from your family doctor, physiotherapists, and any specialists you have seen. These documents are vital evidence to demonstrate that your pre-existing condition was either entirely dormant, successfully managed, or at least substantially less severe prior to the negligence of the defendant.

Step 3: Obtaining Independent Medical Examinations (IMEs)

To scientifically establish the difference between your old condition and your new injuries, your lawyer will typically hire independent medical experts. An orthopaedic surgeon or neurologist will review your MRI scans and conduct a thorough physical examination. They will author a legally binding medical report detailing exactly how much of your current impairment is directly attributable to the recent Edmonton accident versus your underlying medical history.

Step 4: Filing and Negotiating the Claim

Armed with expert medical evidence, your legal team will draft a Statement of Claim to file at the Edmonton Court of King’s Bench. 🏫 During settlement negotiations, the insurance adjuster will inevitably raise the “crumbling skull” defence. Your lawyer will counter this by utilizing your expert medical reports to prove that the “thin skull” rule applies, thereby maximizing your final compensation package.

How Much Does a Lawyer Cost to Prove Complex Medical Claims?

Building a successful case involving pre-existing conditions is expensive, but victims are typically protected from upfront costs.

• Contingency Fees: Most Edmonton law firms operate on a contingency basis, meaning they take a percentage (usually 30% to 35%) of your final settlement. 💰 You generally pay zero lawyer fees if they do not win your case.
• Court Fees: The standard filing fee at the Court of King’s Bench is $250 CAD.
• Expert Medical Reports: Hiring a medical specialist to definitively prove the “thin skull” rule can easily cost between $3,000 and $7,000 CAD per report. Fortunately, reputable personal injury law firms will generally pay these disbursements upfront on your behalf, recovering the costs from the insurance company upon settlement.

How Long Does It Take to Settle?

Because pre-existing conditions inherently complicate personal injury claims, these cases require significant patience. It often takes much longer for doctors to accurately determine when your new injuries have plateaued (Maximum Medical Improvement) compared to someone with a clean medical history. Consequently, settlements in Edmonton for these types of complex medical claims typically take between 2 to 4 years to fully resolve. As always, the Alberta Limitations Act imposes a strict two-year deadline from the date of the accident to officially file your lawsuit.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca