YOU AND THE LAW® CAR CRASH VICTIM NOT "CRUMBLING SKULL" CASE, GETS NEW TRIAL 92 If you're hurt by a careless driver, you can claim Before the accident, Bonnie was basically physically fit compensation from them (or heir insurer, typicallyand healthy. She had graduated from high school a year ICBC) for your physical and psychological injuries fromearlier. She had a strained relationship with her mother the car accident. though, and in her high school years, when there w conflicts at home, she was often withdrawn and unhappy. Even if you're more severely affected by your injuries than the "average" person, you can usually still ge Sill, there was no sign of clinical depression before th compensation. The person to blame for the accident accident, nor any suggestion that Bonnie would become must take their victim as they find them. This has comeclinically depressed in future. to be called the "thin skull rule, meaning that its the After the accident, medical experts for both Bonnie and wrongdoers problem if you happen to be particularly ICBC told the court that the accident had brought or vulnerable the major depressive episodes. They based this on the manual used to diagnose psychiatric disorders. But, to be fair, the wrongdoer only has to pay enough compensation to put you in the same position as before The ral judge didnt provide a breakdown of his the accident, and not in a better position. compensation award to Bonnie. Instead, he set a global um, indicating only that its amount was reduced due to the crumbling skull doctrine So if you had pre-existing medical conditions that would have deteriorated and caused you problems regardless of the accident, you can't get compensation fo a. The appeal court, however, said this (Typically, the amount of compensation is reduced must try to determine and quantify (figure out) compensation for such pre-existing problems by a certain amount or percentage, for example, 25%) But importantly, to the In reality, Bonnie was not a "crumbling skull" individual extent those problems were aggravated (made worse) byanyway, said the appeal court. There was no indication the accident, that additional injury is compensable was wrong. The trial court r the psychological injuries from the car accident she would have major depression in future apart from the Victims in these cases have been called crumbling skullacciden victims. But unfortunately, the "crumbling skullabeThe appeal court clarified that Bonnie can get full has led to some confusi compensation for her psychological injuries that are due to the accident. Our B.C. appeal court recently commented that the expression "crumbling skull" is rarely helpful, andThis column provides information only and shouldn't be used. The court ordered a new trial for a carmust not be relied on for legal advice. Please cal Stephen W. Turner at 250-868-8801 for your free, crash victim, outlining how her compensation claims should be dealt with there no obligation, initial consultation In this case, Bonnie (name changed) was hurt in a 2009 Written by Janice and George Mucalo, LLB.s with car crash. The accident was the other drivers fault. conbution by Stephen W. Turner Lauyer Janice Mucalov Bonnie, 19, sustained minor physical injuries. But sheis an auard-winning legal writer "You and the Law" is a went through bouts of major depression afterwards registered trademark. O Janice and George Mucalov STEPHEN TURNER LA Personal Injury Law MEDICAL MALPRACTICE Call For Free Initial Consultation 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca LAW