Exacerbation, Acceleration and Vulnerability

Exacerbation, Acceleration and Vulnerability
In a case of a claimant with a good health record and no pre-existing problems that should not be difficult to determine. More difficulties arise however in cases where the claimant had some pre-existing related condition or vulnerability.

Experts need clear direction on these issues which is sometimes not given.

The law in this area is complicated and often misunderstood by clinicians, and it is often the case that incorrectly applied legal principles are a cause of confusion between clinicians and lawyers. There is also a tendency for the respective roles of the clinicians and the judge to become confused.

There are three key words in use by lawyers, exacerbation, acceleration and vulnerability. They are inter-related but have different legal consequences.

Exacerbation
If we start by assuming that a claimant has a pre-existing condition or vulnerability, an accident may cause that to become symptomatic for a period of time and thereafter the symptoms will subside with no noticeable long term effects on the claimant. In such a situation the claimant may claim damages only for the period of exacerbation.

Acceleration
In the case where a claimant has a pre-existing condition which is rendered symptomatic for a period of time but the underlying condition is also brought forward by a period of years. In such a case the damages are awarded for the initial period of exacerbation and also for the period by which the underlying condition is brought forward.

Vulnerability
An underlying vulnerability can lead to a very different result. If a claimant has an underlying condition which makes them liable to develop a particular set of symptoms but that vulnerability requires an additional factor before it is triggered. If we take as an example a psychiatric condition. It may be possible to say that a claimant is vulnerable to or pre-disposed to depression, based perhaps on their medical history.