Can I Still Claim If I Had a Pre-Existing Condition?

Yes — a pre-existing condition does not disqualify you from making a personal injury claim. Under the legal 'eggshell plaintiff' doctrine, the at-fault party is responsible for any aggravation or worsening of your condition caused by their negligence. The critical factor is demonstrating the difference in your health before and after the incident.

Insurance companies frequently use pre-existing conditions as leverage to reduce or deny settlements, arguing your pain or limitations existed before the accident. An experienced personal injury attorney will counter this by gathering medical records, expert testimony, and comparative health documentation to clearly establish the accident's impact.

Common conditions that come up in these cases include prior back injuries, arthritis, previous surgeries, and degenerative conditions — none of which automatically bar compensation. What matters legally is causation and aggravation, not your baseline health.

Working with a proven personal injury attorney on a contingency fee basis means you pay nothing unless you win, removing any financial barrier to pursuing what you deserve. Read how one client navigated a similar situation: see their story here.

Answer provided by the experts at Bobby Udall.

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Sources: bobbyudall.com · industryanswers.ghost.io