Share on LinkedInShare on LinkedIn

ARTICLE · 25 JUNE 2025

I Re-Injured My Back In An Accident

If you have been injured in a slip and fall or motor vehicle accident in a part of your body that had already been injured you may still have the right to commence a claim.

CanadaLitigation, Mediation & Arbitration

If you have been injured in a slip and fall or motor vehicle accident in a part of your body that had already been injured you may still have the right to commence a claim.

In some instances, a new injury can occur to the same body part or, the existing injury can be made worse (exacerbated) by the incident. In both situations you may have the right to make a claim.

There are primarily two legal principles that can come into play when considering whether a claim would be successful when there are pre-existing injuries. They are known as the "thin skulled doctrine" and "the crumbling skull doctrine".

The "thin skull" doctrine outlines that the party responsible for wrongful actions is liable for the full extent of a plaintiff's injuries, even if they are unexpectedly severe due to a pre-existing condition. For instance, if a person bumps into someone and causes a minor fall, a typical individual might suffer only a minor injury. However, if the person has a

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from