Is a pre-existing condition relevant to the assessment of damages?
British Columbia, Canada
The following excerpt is from Preston v. Kontzamanis, 2015 BCSC 2219 (CanLII):
An explanation of the way in which a pre-existing condition may be relevant to the assessment of damages as opposed to the issue of causation can be found in Athey v. Leonati, supra, under the heading “The Thin Skull” and ‘Crumbling Skull’ Doctrines” at p. 473”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How is a pre-existing condition relevant to the assessment of damages? (British Columbia, Canada)
Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
How can pre-existing conditions be relevant to an assessment of damages? (British Columbia, Canada)
What is the current state of the law on assessing pre-existing conditions in assessing damages? (British Columbia, Canada)
What is the relevant case law for assessing non-pecuniary damages in a personal injury case? (British Columbia, Canada)
Can a plaintiff's pre-existing condition affect the overall assessment of damages? (British Columbia, Canada)
Does the difficulty of making a fair assessment of damages under the common law head of damages for personal injury be sufficient to relieve the court of its duty to do so? (British Columbia, Canada)
What factors are relevant to the assessment of non-pecuniary damages? (British Columbia, Canada)
What are the relevant factors for assessing non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
How is the assessment of damages when there is an intervening event or pre-existing condition? (British Columbia, Canada)
