Insurers love to blame your injuries on a pre-existing condition. But having a prior injury or health issue does not bar your claim — and a long-standing legal principle actually protects you.
The Eggshell Plaintiff Rule
Under the eggshell plaintiff rule, a wrongdoer takes the victim as they find them. If you were more vulnerable to injury because of a pre-existing condition, the at-fault party is still responsible for the full extent of the harm they caused — even if a healthier person would have been hurt less.
Aggravation of a Prior Condition
- You can recover for the worsening of a pre-existing condition.
- The key is distinguishing your prior baseline from the new harm.
- Medical records before and after the accident are crucial.
- Honesty about your history actually strengthens your case.
Never hide a prior condition. Disclose it — concealment hands the insurer a weapon, while honesty supports an aggravation claim.
Proving the Difference
Medical evidence comparing your condition before and after the accident is essential. An attorney can develop this proof. A free review can explain how the rule applies to you.
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