One of the most common issues clients come to me worried about during their first consultation is the concern that a pre-existing injury or condition will hurt their claim. This fear is completely understandable, especially given how insurance companies market themselves as experts in weeding out legitimate claims from fraudulent ones.
However, Illinois law affords better protections to plaintiffs with pre-existing conditions than most people realize. These protections are based on a common law rule known as the eggshell plaintiff rule.
What is the eggshell plaintiff rule?
Essentially, the eggshell plaintiff rule protects you if you were “eggshell” strong before your accident. It states that a defendant cannot argue they should not be liable for damages just because your injuries are worse than what someone without your pre-existing condition would have experienced.
For example, if you were back injured in a car wreck that aggravated a previous injury, causing you pain you did not previously experience, the other driver cannot escape responsibility simply because someone without a prior back injury would have been able to walk away from that same wreck unhurt.
Will insurance companies use my pre-existing condition against me?
Yes. Insurance companies will undoubtedly use your pre-existing condition as leverage during negotiations. However, their strategy for doing this will typically not involve arguing that your condition does not exist. Rather, they will attempt to convince the insurance adjuster that your pain and limitations are primarily caused by your pre-existing condition and only secondary (if at all) by the recent accident.
Aggravation vs. your baseline condition
This is where your personal injury attorney in Palm Beach Gardens will focus on arguing “aggravation” of a pre-existing condition vs. “causation” of a new injury. You can recover compensation for the injuries you sustained in the accident that aggravated a previous condition. You cannot recover damages for the pre-existing condition itself, as it existed prior to the accident.
This is why your medical records before and after the accident will be important. Your attorney and doctor will need to be able to show how your injuries increased as a result of the accident.
Medical expert witnesses
Oftentimes, your treating physician can provide enough of an opinion linking your injuries to the accident to differentiate them from your pre-existing condition. In disputed claims, however, your attorney may also hire an independent medical expert.
This expert will review all of your medical records (both before and after the accident) and form an opinion as to what portions of your impairments were caused by the accident and which were pre-existing. Insurance companies often have their own experts to provide opinion testimony as well, which is why this issue can become highly litigated in cases involving plaintiffs with pre-existing conditions.
Always fully disclose your medical history
As you can see, hiding a pre-existing condition from your personal injury attorney or the insurance company is almost always a bad idea. Not only will your insurance company eventually find out about it when they obtain your full medical records, but your refusal to disclose important medical history can harm your credibility on other issues in your claim that actually matter. This is one of those situations where it is always better to just be honest from the start.
Consult with a personal injury attorney if you have concerns
If you have an existing medical condition that you are concerned may prevent you from recovering fair compensation for your injuries, consult with a personal injury attorney. They will be able to advise you based on the specifics of your case and help you understand your legal rights. No one should settle for less than they deserve simply because they were living with a painful condition before their accident.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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