Pre-Existing Conditions and Personal Injury Claims

Having a pre-existing condition does not disqualify you from receiving compensation for injuries caused by an accident. The eggshell plaintiff doctrine, also known as the thin skull rule, provides that the defendant takes the victim as they find them, meaning they are responsible for all injuries caused by the accident, even if those injuries are worse because of a pre-existing condition.

The Eggshell Plaintiff Doctrine

This legal principle means that if you had a pre-existing back condition and the accident aggravated it, the defendant is responsible for the aggravation. You do not need to be in perfect health to recover damages.

How Pre-Existing Conditions Affect Your Claim

The insurance company will argue that your symptoms existed before the accident. They may claim that your current condition is entirely due to the pre-existing condition. Your settlement may be limited to the aggravation of the pre-existing condition rather than the full extent of your current symptoms.

Protecting Your Claim

Be honest about your pre-existing conditions with your doctor and attorney. Obtain medical records from before the accident to establish your baseline condition. Have your doctor clearly document how the accident worsened your pre-existing condition. Get expert medical testimony distinguishing pre-existing symptoms from accident-related aggravation.

Conclusion

Pre-existing conditions complicate but do not eliminate your personal injury claim. The key is honest disclosure and clear medical documentation.

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