The Aggravation Doctrine
A personal injury claim is not barred because the plaintiff had a pre-existing condition. You can claim compensation for the aggravation or worsening of a pre-existing injury caused by the defendant's negligence. The defendant is responsible for the additional harm they caused — not the underlying condition itself.
Distinguishing the Pre-Existing Condition from the Aggravation
The key challenge in aggravation claims is separating pre-accident baseline symptoms from post-accident worsening. Medical records from before the accident establish the baseline. Treating physician testimony comparing pre- and post-accident condition establishes what the accident caused. This is a factual inquiry that requires careful medical documentation.
Insurance Company Response to Aggravation Claims
Insurance companies frequently use pre-existing conditions to minimize settlement offers — arguing the plaintiff's current symptoms are due to the pre-existing condition, not the accident. This is one of the most common disputes in personal injury negotiations. Thorough medical documentation and physician advocacy are the best responses.
The Eggshell Plaintiff Rule
The eggshell plaintiff rule reinforces aggravation claims — defendants must take plaintiffs as they find them. If a pre-existing disc condition made you more vulnerable to serious injury from a rear-end collision that would barely affect a healthy person, the defendant is still liable for the full extent of the harm they caused.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.