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Skyline Legal
Personal injury

Pre-existing condition

A medical condition you had before the accident, and the carrier's most common defense.

A pre-existing condition is any injury, illness, or condition the plaintiff had before the incident in question. Insurance carriers love pre-existing conditions because they argue that the current pain or limitation is not from the crash but from the prior issue.

The legal answer: defendants take plaintiffs as they find them (the 'eggshell plaintiff' rule). If a pre-existing condition was aggravated by the new injury, the aggravation is compensable. The plaintiff doesn't have to prove the new injury caused all current pain. Only that it made the existing condition worse.

Documentation is everything. Medical records pre-dating the accident establish the baseline. Records after establish the new state. The difference is the aggravation, and that's what the case is about.

What people get wrong

Many clients think they have no case if they had prior back pain or a previous accident. The aggravation of an existing condition is its own compensable injury under both Missouri and Illinois law.

Got a case where this term comes up? The first call is free. We'll tell you whether you have a case and what it's worth.

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