Pre-Existing Conditions and Accident Claims: The Eggshell Plaintiff Rule
Having a pre-existing condition doesn't mean you can't recover full compensation after an accident. The law protects vulnerable plaintiffs through the 'eggshell plaintiff' doctrine — meaning defendants must take their victims as they find them.
The Eggshell Plaintiff Rule
Under this well-established legal doctrine, a defendant is liable for the full extent of a plaintiff's injuries, even if those injuries are worse than expected due to a pre-existing condition. If you had a bad back and the accident made it worse, the at-fault party is responsible for the worsening.
Common Insurance Company Arguments
Insurance companies will argue that your injuries are pre-existing and not caused by the accident. They'll request extensive medical records to find any prior treatment. They may claim your pain level was the same before the accident. Don't let these tactics intimidate you — a skilled attorney can counter every argument.
How to Strengthen Your Claim
Be completely honest with your attorney about your medical history. Obtain records showing your condition before the accident (to prove it worsened). Your treating doctors can testify about the difference between your pre-accident and post-accident condition. Expert medical testimony can establish the accident's specific impact.
Types of Pre-Existing Conditions
Common pre-existing conditions that insurance companies target include: degenerative disc disease, arthritis, prior surgeries, previous injuries to the same body part, chronic pain conditions, and mental health conditions. Having any of these conditions does not prevent you from recovering fair compensation.
Frequently Asked Questions
Do I have to disclose my pre-existing conditions?
Yes, you should be fully honest about your medical history. Hiding conditions can destroy your credibility if discovered. Your attorney knows how to handle this information strategically.
Can a pre-existing condition increase my settlement?
In some cases, yes. If the accident aggravated a previously stable condition, the contrast between your before and after condition can actually demonstrate greater damages.
What if my doctor says the accident worsened my condition?
Your doctor's testimony is powerful evidence. Medical records showing a clear change in your condition after the accident are among the strongest proof available.
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