A pre-existing injury can complicate a car accident claim, but it doesn’t disqualify you from compensation. Under a legal principle known as the eggshell plaintiff rule, the at-fault driver is responsible for the full extent of the harm they cause, even if a pre-existing condition made you more susceptible to injury than someone in perfect health.
Common preexisting injuries in car accident claims include:
- Degenerative disc disease or other chronic back conditions
- Osteoarthritis
- Prior fractures
- Previous whiplash or neck injuries
- Torn ligaments or tendons from sports or work injuries
- Nerve damage
- Traumatic brain injury
- Chronic pain conditions, such as fibromyalgia
- Pre-existing mental health conditions
To have a successful claim, you have to prove the accident made your condition worse, usually with medical documentation from both before and after the crash.
The Eggshell Plaintiff Rule
The eggshell plaintiff rule holds that a negligent party must take you as they find you. If you had a manageable back problem before the crash and it becomes debilitating afterward, the at-fault driver can’t argue they should pay less because you had a preexisting condition.
This rule applies to conditions that are:
- Aggravated, meaning an existing injury or condition became measurably worse.
- Activated, meaning a dormant condition that wasn’t causing symptoms became symptomatic.
- Accelerated, meaning a degenerative condition progressed faster than it otherwise would have.
Importantly, the eggshell skull rule only protects the portion of your injury connected to the accident.
Why Insurers Dispute Claims Involving Pre-Existing Injuries
Adjusters routinely use pre-existing conditions as a reason to devalue or deny a claim. They may argue that your current pain is based on an old injury rather than something the accident caused.
You should expect an insurer to request your full medical history and possibly schedule an independent medical exam with a doctor of their choosing. They will look for evidence that allows them to argue your injury and pain aren’t connected to the crash.
In practice, this often means combing through years of medical records for any prior mention of similar pain. Adjusters will also point to normal age-related wear, such as disc degeneration or arthritis, and argue your symptoms are simply the natural progression of that process. Additionally, they may highlight any gaps in your treatment to suggest your condition wasn’t serious enough to require ongoing care.
These tactics aren’t always legitimate and often require experienced legal help to challenge.
What You Need to Prove the Aggravation
Successfully proving your preexisting injury claim comes down to establishing a clear before-and-after picture. To do this, you will need:
- Pre-accident medical records showing your baseline condition, including how you were managing it.
- Prompt post-accident treatment that documents a change in your pain levels, mobility, or functionality compared to before.
- Comparative imaging, showing how the condition looked before the crash versus after.
- Expert medical testimony explaining how the accident caused the change.
Without this kind of documentation, an insurer’s argument that “this was already happening” becomes much harder to overcome.
How an Attorney Can Help Prove Your Preexisting Injury Claim
An attorney can help you build the before-and-after picture your claim depends on. Your St. Charles injury attorney will gather your pre-accident medical records, coordinate with your doctors to document how the accident changed your symptoms, and retain medical experts who can testify that the accident caused the aggravation. Your lawyer can also help you establish the damages that you’ve suffered due to your condition.
Contact Feagans Law Group today to discuss your pre-existing condition and how our team can help you pursue full and fair compensation. We offer free consultations.