Injury Lawyer In St. Catharines Explains The Role of Pre-Existing Injuries
Anyone that have sustained serious injuries in car accident knows very well about the ongoing effects of such injures. Even after the breaks, bruises and the cuts heal up the pain lingers. What is more, the parts that have sustained injuries remain prone to further accidents and pain. Now what happens when you have the bad luck to have a subsequent accident? Injury lawyer in St. Catharines explains how the pre-existing injuries will affect the legal remedies when you are the victim of someone else’s negligence. Is this going to have an effect on claim settlement and if yes than to what degree?
The law governing personal injuries seek to make the victim ‘whole’ again especially from the financial perspectives. Injury lawyer in St. Catharines provides all the required legal assistance in this regard. There are certain principles governing this legal requirement. Thin skull rule states that the defendant has to compensate the plaintiff for the injuries and it does not matter that the susceptibility of the plaintiff for the injuries is more in comparison to other people. This means that there is no chance for the defendant to escape the owed liability by proving the thin skull of the victim.
Now the rule of crumbling skull is another side of this same theory according to Injury lawyer in St. Catharines. It says that the defendant does not have to compensate plaintiff for pre-existing condition or the resulting effects of the injury that was to occur irrespective. After all, the aim of the law is to restore the original condition of the victim and not to improve the condition in any way. The court is going to determine damage amounts based upon these concepts when you have pre-existing injuries. When it comes to negotiation of settlement, it becomes quite important as well.
With settlement, you give up your right for lawsuit by accepting the compensation from the defendant side for the injuries suffered. In a typical situation, you are going to get lower amounts compared to the lawsuits. The advantages include avoiding the uncertainty of trial, the related expenses, and the time according to injury lawyer in St. Catharines. Before settling, any case both the parties involved takes their time to assess the weaknesses and the strengths of each. Individual facts become important.
In this context, the rules of thin and the crumbling skull becomes quite important as well. One involves vulnerability to the injuries and another, the results of pre-existing injuries that were to manifest irrespective of the events. There would be an argument and considerations for appropriate damage classification. When the defendant believe that the claims of the plaintiff results from crumbling skull they would go for low settlement offer. The role of injury lawyer in St. Catharines is critical in such situations. To read more Click Here
The law governing personal injuries seek to make the victim ‘whole’ again especially from the financial perspectives. Injury lawyer in St. Catharines provides all the required legal assistance in this regard. There are certain principles governing this legal requirement. Thin skull rule states that the defendant has to compensate the plaintiff for the injuries and it does not matter that the susceptibility of the plaintiff for the injuries is more in comparison to other people. This means that there is no chance for the defendant to escape the owed liability by proving the thin skull of the victim.
Now the rule of crumbling skull is another side of this same theory according to Injury lawyer in St. Catharines. It says that the defendant does not have to compensate plaintiff for pre-existing condition or the resulting effects of the injury that was to occur irrespective. After all, the aim of the law is to restore the original condition of the victim and not to improve the condition in any way. The court is going to determine damage amounts based upon these concepts when you have pre-existing injuries. When it comes to negotiation of settlement, it becomes quite important as well.
With settlement, you give up your right for lawsuit by accepting the compensation from the defendant side for the injuries suffered. In a typical situation, you are going to get lower amounts compared to the lawsuits. The advantages include avoiding the uncertainty of trial, the related expenses, and the time according to injury lawyer in St. Catharines. Before settling, any case both the parties involved takes their time to assess the weaknesses and the strengths of each. Individual facts become important.
In this context, the rules of thin and the crumbling skull becomes quite important as well. One involves vulnerability to the injuries and another, the results of pre-existing injuries that were to manifest irrespective of the events. There would be an argument and considerations for appropriate damage classification. When the defendant believe that the claims of the plaintiff results from crumbling skull they would go for low settlement offer. The role of injury lawyer in St. Catharines is critical in such situations. To read more Click Here