Personal injury claims are often complicated, but when a victim has a pre-existing condition, the process becomes even more challenging. Insurance companies frequently attempt to minimize or deny claims by arguing that an accident did not cause new injuries but merely aggravated an old condition. However, having a pre-existing condition does not mean a victim is ineligible for compensation. Understanding how these cases work and what legal protections exist can help injury victims secure fair settlements.

This article explores how pre-existing conditions impact personal injury claims, the legal rights of injured individuals, and strategies for proving the extent of new or aggravated injuries.

How Pre-Existing Conditions Can Impact a Personal Injury Case

A pre-existing condition is any prior injury, illness, or medical issue that existed before the accident. Common pre-existing conditions that may come up in personal injury cases include:

• Back and Neck Issues: Chronic pain, herniated discs, or previous spinal injuries.
• Joint Injuries: Previous knee, shoulder, or hip problems.
• Degenerative Conditions: Osteoarthritis, degenerative disc disease, or other age-related issues.
• Prior Concussions or Brain Injuries: Existing neurological impairments that could be worsened by a new accident.

Insurance adjusters frequently argue that a victim’s medical issues existed before the accident and that the current pain or limitations are unrelated to the new injury. However, legal protections exist to ensure victims can recover damages when an accident worsens a pre-existing condition.

The Eggshell Plaintiff Doctrine: Protecting Injury Victims

A critical legal principle that protects individuals with pre-existing conditions is the Eggshell Plaintiff Doctrine. This doctrine states that a defendant is responsible for any injuries they cause, even if the victim had a prior medical condition that made them more vulnerable to harm. In other words, just because someone was already injured does not absolve the at-fault party from liability if their negligence worsened the condition.

For example:

• If a person with a previous knee injury is involved in a car accident that exacerbates their condition, the at-fault driver may still be responsible for additional medical treatment and pain suffered as a result of the crash.
• If an individual with a history of migraines sustains a head injury that increases the severity or frequency of migraines, they may be entitled to compensation for the worsening of symptoms.

This doctrine ensures that victims are not penalized for having pre-existing medical conditions when seeking damages.

Proving the Aggravation of a Pre-Existing Condition

To recover compensation for an aggravated pre-existing condition, a personal injury claimant must provide clear evidence that the accident directly worsened their prior condition. This often requires:

1. Medical Records Before and After the Accident:
   • Establishing a baseline of the condition prior to the incident.
   • Demonstrating how the condition has deteriorated since the accident.
2. Expert Medical Testimony:
   • Physicians or specialists explaining how the accident contributed to the worsening of symptoms.
   • Differentiating between natural progression and trauma-induced aggravation.
3. Consistent Treatment and Documentation:
   • Attending all medical appointments and following treatment plans to strengthen the claim.
   • Avoiding gaps in medical treatment that insurers may use to argue against the severity of the injury.
4. Statements from Family, Friends, or Employers:
   • Providing testimony about how the victim’s daily life, work, or mobility changed post-accident.

A strong case requires detailed documentation to prove the extent of the new damage caused by the accident.

How Insurance Companies Handle Pre-Existing Conditions

Insurance adjusters often try to use pre-existing conditions against injury victims to minimize payouts. Common tactics include:

• Arguing the Injury Was Not Caused by the Accident:
  • Claiming that the victim’s pain or limitations existed before the accident.
• Downplaying the Severity of the Aggravation:
  • Suggesting that any worsening is minor and does not justify significant compensation.
• Requesting Extensive Medical Records:
  • Seeking years of medical history to find any previous complaints related to the injured body part.
• Offering Lowball Settlements:
  • Making early offers that do not account for the full extent of medical treatment needed.

Because of these tactics, injury victims should never accept a settlement without fully evaluating the impact of the accident on their pre-existing condition.

Maximizing Compensation When a Pre-Existing Condition Is Involved

To secure fair compensation, victims should take the following steps:

1. Disclose Pre-Existing Conditions Honestly:
   • Hiding past injuries can harm credibility if insurers uncover prior medical records.
2. Seek Immediate Medical Attention:
   • Promptly documenting injuries ensures a clear connection between the accident and the worsening of a condition.
3. Obtain a Medical Opinion on Aggravation:
   • A physician’s statement confirming that the accident worsened the condition strengthens the claim.
4. Avoid Discussing the Case with Insurers Without Legal Guidance:
   • Statements made to adjusters may be used to dispute the claim.
5. Work with an Experienced Personal Injury Attorney:
   • Legal representation ensures proper documentation, negotiation with insurers, and strong advocacy in court if necessary.

At Page Law, we assist clients in navigating the challenges of pre-existing condition claims, ensuring they receive full compensation for injuries made worse by an accident.

Conclusion

Having a pre-existing condition should not prevent a personal injury victim from recovering fair compensation. The Eggshell Plaintiff Doctrine ensures that negligent parties remain responsible for the injuries they cause, even if a victim was already vulnerable. However, proving the aggravation of a pre-existing condition requires strong medical evidence and legal expertise.

By working with a knowledgeable attorney, injury victims can build a compelling case that clearly demonstrates how an accident worsened their condition. At Page Law, we advocate for those facing challenges with insurance companies, helping them secure the compensation they deserve despite having pre-existing medical conditions.