If you’ve been injured in an accident and have a pre-existing condition, don’t assume it will ruin your personal injury claim. While insurance companies may try to downplay your case, the law allows compensation even if the accident aggravated an old injury.
What Counts as a Pre-Existing Condition?
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Old back or neck injuries
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Prior surgeries or broken bones
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Arthritis or joint problems
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Chronic pain or psychological trauma
The “Eggshell Plaintiff” Rule:
Legally, defendants must take the victim as they are. If your condition made you more vulnerable, the at-fault party is still responsible for exacerbating your injury.
Challenges You Might Face:
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Insurers may argue the accident didn’t cause your pain
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They’ll request prior medical records
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May blame your current issues on past problems
How to Protect Your Case:
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Be honest about your medical history
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Don’t hide old injuries — it can backfire
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Get a doctor to confirm the accident worsened your condition
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Work with an experienced personal injury lawyer
Tip: Full disclosure + medical proof = a stronger case, not a weaker one.
