What Happens If the Accident Made My Pre-Existing Condition Worse?

You’ve been managing a bad back for years. It’s a chronic issue, but you’ve learned how to live with it. Then, you’re in a rear-end collision in Tacoma, and suddenly that manageable, dull ache is a sharp, debilitating pain. The accident didn’t create a new injury, but it undeniably made your old one much, much worse.

This is a common scenario, and it’s one that insurance companies love to exploit. When an adjuster learns that you had a “pre-existing condition,” they will often try to argue that they aren’t responsible for your medical bills. They’ll claim that your pain is from your old condition, not the new accident, and will use it as a reason to deny or devalue your claim.

So, what happens if the accident aggravated a previous injury? The answer lies in a powerful and long-standing legal principle known as the “Eggshell Skull Rule.”

The law is clear: An at-fault driver is responsible for all the harm they cause, including the aggravation of a pre-existing condition. Just because you were more susceptible to injury than someone else does not give a negligent driver a discount on the damages they cause.

Useful Information for You: In a Nutshell

• Yes, You Can Be Compensated: The at-fault driver is legally responsible for any worsening or “aggravation” of your pre-existing condition.
• It’s Called the “Eggshell Skull Rule”: This legal doctrine states that a defendant “takes their victim as they find them.” They can’t use your prior fragility as an excuse to avoid paying for the harm they caused.
• You are Compensated for the Aggravation: The claim is not for the old injury itself, but for the new pain, disability, and medical costs that exist because the accident made the old condition worse.
• Medical Evidence is Crucial: You must have clear medical evidence that separates your pre-accident condition from your post-accident condition. Your doctor’s testimony is key.
• Don’t Hide Your Medical History: You must be completely honest about your pre-existing conditions. Hiding them will damage your credibility and your case far more than the condition itself will.

The Eggshell Skull Rule: “You Take Your Victim as You Find Them”

The Eggshell Skull Rule (or “eggshell plaintiff” rule) is a legal doctrine that protects vulnerable individuals. The classic analogy is this: If a person has a skull as thin as an eggshell, and you negligently tap them on the head, you are responsible for the full extent of the damage (a shattered skull), even if a normal person would have only gotten a small bump.

You are not allowed to say, “Well, if you had a normal skull, you would have been fine, so I’m not responsible.” The same principle applies to a pre-existing back condition, a previously fused spine, or degenerative disc disease. The at-fault driver isn’t responsible for the condition you had the day before the accident, but they are 100% responsible for making that condition worse.

How is an Aggravation Claim Proven?

Because the insurance company will fight these claims vigorously, the burden is on you and your attorney to prove two things:

1. That you had a specific pre-existing condition.
2. That the trauma of the accident directly caused a measurable worsening of that condition.

This is a medical question, and the evidence is paramount:

• Your Medical History: Your pre-accident medical records are needed to establish a “baseline” of what your condition was like before the crash.
• Your Post-Accident Medical Records: Your doctor’s notes after the accident are the most critical evidence. They need to clearly document your new symptoms, increased pain levels, and decreased range of motion.
• Your Doctor’s Opinion: The most powerful evidence is a statement from your doctor that, in their professional medical opinion, the car accident directly aggravated your underlying condition, leading to the need for new or more extensive medical treatment.

The Importance of Honesty

It is absolutely critical that you are upfront and honest with your attorney about your entire medical history. Do not try to hide a pre-existing condition. The insurance company will eventually find it during the discovery process, and if it looks like you tried to hide it, your credibility will be destroyed.

An experienced attorney is not afraid of a pre-existing condition. They know how to use the Eggshell Skull Rule and build a case that clearly separates your prior state from the new harm you have suffered. A pre-existing condition does not disqualify your claim; it simply defines what the at-fault driver is responsible for.

If you’ve been in a car accident in the Tacoma area that has made a previous injury or condition worse, don’t let an insurance adjuster tell you that you don’t have a case. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who understand the complexities of aggravation claims and can fight for the compensation you deserve.

References

• Washington Pattern Jury Instructions (WPI 30.18) – Aggravation of Pre-existing Condition:This is the official instruction read to a jury in Washington State, which legally defines the “eggshell plaintiff” rule and instructs the jury to award damages for the aggravation of a pre-existing condition.https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2030.18%20Aggravation%20of%20Pre-existing%20Condition.pdf
• NOLO – “Pre-Existing Injuries and Car Accident Claims”:A reputable legal resource for consumers that explains the “eggshell plaintiff” rule and how pre-existing conditions are handled in personal injury claims.https://www.nolo.com/legal-encyclopedia/pre-existing-injuries-and-car-accident-claims.html