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:
- Herniated discs
- Arthritis
- Migraines
- Anxiety or PTSD
- 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:
- Medical records before and after the incident
- Expert medical testimony
- Imaging (X-rays, MRIs) showing new damage
- Doctor’s statement detailing the worsening
Insurance Tactics to Watch For:
- Blaming all pain on your old injury
- Claiming your condition wasn’t impacted
- Offering low settlements
Your Response:
- Be honest about your medical history
- Show clear timelines and records
- Get a legal advocate to handle communication