Understand The Thin Skull Rule And How It Connects To Your Personal Injury Claim
Following your involvement in an accident which left you injured, you may be entitled to compensation. In order to receive compensation, however, you will need to build a case against the at-fault party. This could be a property owner who neglected to remove or warn you of a hazard which led to your injury, or a reckless driver who rear-ended you. But what happens when your injury occurred or was worsened because of a pre-existing condition?
Thin Skull Rule
When it comes to sprains, strains, fractures, or any injury, really, there is sometimes a chance of the injury being caused or worsened because of a similar, pre-existing condition the victim sustained during a previous accident. However, thanks to the think skull rule which exists within the realm of personal injury law, your legal defense will be able to keep your claim from being defeated on the basis of such evidence.
The thin skull rule dictates that a defendant cannot escape liability simply because the victim had a pre-existing condition. Additionally, damages can also not be limited on this basis. This is because the victim still has to suffer the full consequences of their injury, including the medical expenses, pain and suffering, for which they deserve to be fully compensated.
Crumbling Skull Rule
Different to the thin skull rule is the crumbling skull rule. This rule serves to remind that compensation serves the purpose of returning the victim to their state of health prior to the accident and no more, which means that the defendant will only be held accountable for additional injury, but not for the suffering brought on by the pre-existing condition.
This rule applies to situations in which the pre-existing condition is not stable in its symptoms, or lack of symptoms, as is necessary for the thin skull rule to apply. For the crumbling skull rule, the accident needs to have accelerated the severity of the condition, not inflict a whole new injury because of a previous pre-disposition for it.
How To Back Your Claim?
In order to support your claim, you will need medical records revolving around your pre-existing condition and the stability of your symptoms. Additionally, you will need your most recent records which need to contain a detailed assessment of your injuries post-accident. Thus, the stark contrast between the two can be presented and prove that the injuries were inflicted by the defendant's actions.
It is important to hire a personal injury lawyer in Richmond to represent you and help you get justice and protect your rights. They will know exactly how to present the claim and will get you the entitled compensation.