If you’ve been in an accident but already had a medical issue — like back pain or a knee injury — don’t assume you can’t get compensated. The law protects victims with pre-existing conditions as long as the new incident worsened the issue.
What Is a Pre-Existing Condition?
Any illness or injury you had before the accident, such as:
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Herniated discs
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Arthritis
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Migraines
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Anxiety or PTSD
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Old fractures
Can You Still File a Claim?
Yes. You can recover compensation if the accident aggravated your prior condition. This is called the "eggshell plaintiff rule" — meaning the defendant must take the victim as they are, even if they’re fragile.
How to Prove Aggravation:
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Medical records before and after the incident
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Expert medical testimony
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Imaging (X-rays, MRIs) showing new damage
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Doctor’s statement detailing the worsening
Insurance Tactics to Watch For:
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Blaming all pain on your old injury
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Claiming your condition wasn’t impacted
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Offering low settlements
Your Response:
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Be honest about your medical history
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Show clear timelines and records
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Get a legal advocate to handle communication
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