Walking on Eggshells: How Preexisting Conditions Affect Personal Injury Claims

The term “preexisting condition” can send chills down many people’s spines, particularly in contexts in which the existence of a preexisting condition can compromise one’s eligibility for a benefit or the price they will pay for it (e.g., insurance, workers’ compensation, etc.). Another context in which the specter of problematic preexisting conditions looms large is personal injury law. While many potential personal injury plaintiffs believe they have no case if their injuries implicate a preexisting condition, that belief is mistaken. Georgia personal injury law allows injured plaintiffs to recover even if they were not in perfect shape before an accident. Here, our Tifton injury lawyer explains why and how. 

The “Eggshell Plaintiff” Rule

The “eggshell plaintiff” rule holds that a defendant takes a plaintiff as they find them, even if the plaintiff has a preexisting condition that makes them more susceptible to injury than the average person. Defendants cannot reduce their liability by claiming that a plaintiff was particularly fragile or that the extent of the plaintiff’s injuries was unexpected. The rule ensures that defendants are held liable for the full extent of the harm they cause through their negligence. 

One of the origins of the eggshell plaintiff doctrine is a 19th century case in which one schoolboy (the defendant) gently kicked another schoolboy (the plaintiff) in the shin. Unbeknownst to the defendant, the plaintiff had recently injured the same leg. The plaintiff later became seriously ill, developing an infection that required physicians to excise parts of the leg bone, leaving him with diminished use of the leg for the rest of his life. Medical experts theorized that the defendant’s kick reactivated microbes from the earlier injury, thus aggravating and exacerbating it. Long story short — even though it was completely unforeseeable to the defendant that a gentle kick could result in such a serious injury, he was nonetheless found liable for the full extent of the plaintiff’s damages. 

Preexisting Condition vs. Aggravated Condition

Even under the plaintiff-friendly eggshell plaintiff doctrine, defendants are not liable for the preexisting injury itself; rather, they are liable only for the aggravation or exacerbation of the preexisting injury. Generally, a preexisting condition is any health issue the plaintiff had before the accident (e.g., degenerative disc disease, osteoarthritis, an old sports injury, etc.). An aggravated condition is new harm caused by the accident. An example of an aggravated condition could be a slip and fall that reactivates a previous traumatic brain injury or a motor vehicle accident that makes a victim’s arthritis significantly more painful. For more information about how an accident can aggravate a preexisting condition, please speak to a Tifton injury lawyer. 

How Insurance Companies Use Preexisting Conditions to Deny Claims

Even though the law on a defendant’s liability for the exacerbation of a preexisting condition is well-settled, that does not prevent insurance companies from attempting to deny claims or pay only a fraction of what they’re worth based on allegations that the plaintiff’s injury is entirely due to a preexisting condition. In many cases, insurance companies argue that all of an injured plaintiff’s symptoms predate their accident, even if there is no evidence that they suffered them before the accident. And even if there is evidence of such symptoms, insurance companies may unfairly equate mild pre-accident pain and severe post-accident pain. In more troubling cases, insurance companies may even accuse injured plaintiffs of fraud, arguing that a claim of severe injury after a relatively minor accident is evidence of dishonesty. These tactics underscore the importance of working with a Tifton injury lawyer if a preexisting condition is an issue in your case. 

Common Preexisting Conditions in Personal Injury Cases 

Very few people are in perfect shape before an accident. As such, preexisting conditions and reactivation or exacerbation thereof are common issues in personal injury cases. Some of the most common preexisting conditions among personal injury plaintiffs include: 

• Degenerative disc disease (DDD): DDD is a gradual wearing down of spinal discs that can cause pain, stiffness, and limited mobility. Mild DDD can quickly escalate to severe DDD after accidents, such as when a car accident causes a degenerated disc to collapse. 
• Previous broken bones: There is a common assumption that broken bones grow back stronger than before. They do not. Individuals who have broken bones in the past may be more susceptible to re-injury, joint instability, or post-traumatic arthritis. 
• Neck and back injuries: People who have suffered previous neck and/or back injuries may be more susceptible to new injuries, as the muscles supporting these areas may be weaker and the nerves may be more easily irritated. 
• Arthritis: Arthritis refers to the deterioration of joints that weakens the cartilage and renders the joints more susceptible to trauma. For example, a bad fall can push a mildly arthritic knee into swelling, decreased motion, or even a torn meniscus. 
• Concussions and traumatic brain injuries (TBIs): Previous concussions or TBIs can increase the severity of new concussions or TBIs, including increased headaches, memory issues, and difficulty concentrating. 

As with all personal injury actions, medical evidence is critical for establishing liability. In cases where a preexisting condition is involved, the plaintiff will need evidence to show the baseline (i.e., their condition before the accident), the new and/or worsened symptoms after the accident, and how the accident — not the old condition — is responsible for the new and/or worsened symptoms. 

Don’t Let a Preexisting Condition Derail Your Case — Work With a Tifton Injury Lawyer 

Preexisting conditions do not bar plaintiffs from recovery or reduce the amount they can recover. However, they can add significant complexity to personal injury cases and create openings for insurance companies to deny claims or make low-ball settlement offers. That’s why it’s so important to work with an experienced attorney if a preexisting condition is an issue in your case. For more information, please contact a Tifton injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.