Aggravation of Pre-Existing Condition
Definition
Aggravation of a pre-existing condition occurs when an accident or injury worsens a medical condition you already had before the incident. Under the law, a defendant must “take the plaintiff as they find them”—a principle known as the eggshell plaintiff rule. This means if you have a pre-existing back condition that becomes significantly worse after a car accident, the at-fault party is responsible for that aggravation, even if someone without that condition would have suffered less severe injuries.
How It’s Used in Personal Injury Cases
Pre-existing conditions are one of the most commonly raised defenses by insurance companies. Adjusters routinely request five to ten years of prior medical records specifically to find evidence of pre-existing conditions they can use to diminish your claim. However, aggravation of a pre-existing condition is fully compensable—you are entitled to recover for how much worse your condition became because of the accident. The key challenge is proving the difference between your condition before and after the incident, which typically requires detailed medical documentation and expert testimony.
Practical Example
A 35-year-old woman with no history of neck problems is rear-ended in a significant collision. After the accident, she experiences constant neck pain despite months of chiropractic treatment, physical therapy, nerve blocks, and medication. Her doctor assigns a 5% permanent impairment rating based on American Medical Association Guidelines. The insurance company’s “independent” medical examiner claims she had a pre-existing degenerative condition and attributes only 2-3% impairment to the accident. Her treating physician counters that a 35-year-old with no prior complaints clearly did not have a symptomatic pre-existing condition, and the accident caused her current impairment.
Why It Matters to Your Case
Insurance companies have traditionally used pre-existing conditions to justify dramatically reduced settlement offers. However, the law places the burden on the defendant to prove that damages can be apportioned between your pre-existing condition and the accident-related aggravation. If the defendant cannot meet this burden, you may be entitled to full recovery for all your current symptoms. It’s important to understand that a pre-existing condition that was not causing you symptoms is treated differently than an active injury. If you had disc disease that caused no pain for ten years and then became severely symptomatic after an accident, the defendant must take you as they found you—with a spine that was more susceptible to injury.
Key Takeaway
Aggravation of a pre-existing condition is fully compensable, and defendants must take plaintiffs as they find them. While insurance companies frequently use pre-existing conditions to devalue claims, the burden is on the defendant to prove what portion of your injuries is not related to the accident.