By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: The Impact of Pre-Existing Conditions on Personal Injury Claims
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Health care > The Impact of Pre-Existing Conditions on Personal Injury Claims
Health care

The Impact of Pre-Existing Conditions on Personal Injury Claims

Jeff Gaus
Jeff Gaus
Share
4 Min Read
impact of pre-existing conditions on personal injury and its claims
SHARE

Each year 40 million people visit the emergency department in the U.S. for injuries they have sustained. In many cases, these injuries may be a result of the negligent actions or omissions of a third party. 

Contents
  • A Defense Against Your Claim
  • The Eggshell Skull Rule

Personal injury laws offer legal recourse to such individuals, compensating them for the harm they have suffered and in some cases, penalizing the other party through punitive damages. While this legal framework exists to assist individuals in recovering monetary compensation for matters including medical expenses, lost wages, emotional distress and pain and suffering, challenges to these claims can arise where the claimant has pre-existing health conditions.

In this article, we will examine how pre-existing conditions can affect the outcome of a personal injury claim, providing individuals with greater clarity on this area of personal injury law.

A Defense Against Your Claim

Understanding personal injury cases and the potential defenses that may be raised can help individuals seeking justice prepare a robust claim and counter any arguments successfully. A common defense used in personal injury cases by insurance companies and defense lawyers is to assert that the claimant’s injuries or health condition were present before their accident. If successfully applied, this defense can absolve the defendant of liability for the claimant’s injuries and either reduce or negate the need for their insurer to pay compensation.

More Read

medical practice
How to Start Your Own Medical Practice
How One Fall Can Lead to a Long Road of Medical Complications
The Future Of Nursing In A Post-Pandemic World
What to Look for in Personal Injury Lawyers When You Have Major Medical Bills
Medigap Healthcare Plan 101: What To Know About Enrolling In 2020

It is worth noting that a defendant may still be liable for a claimant’s injuries in cases where they can prove they suffered a new injury that aggravated a pre-existing condition. By seeking medical attention immediately following their accident and following the guidance of their doctor, individuals can ensure their injuries are properly examined and documented. As a result, they can present a causal link between their accident and their injuries, and rebut any arguments to the contrary. 

The Eggshell Skull Rule

In some cases, the claimant in a personal injury case may suffer from a pre-existing injury or health condition that has been aggravated as a result of the accident. According to a legal doctrine known as the eggshell skull rule, a defendant must take the claimant as they found them, regardless of their pre-existing state of health. This means they can still be liable for the claimant’s injuries even if they were more susceptible to being injured due to their pre-existing conditions.

A common example used to explain this principle is of a claimant who has a thin or egg-shell-like skull due to a medical condition. As a result, the injuries they would sustain in an accident are likely to be more severe compared to the average person. Under the eggshell skull rule, the defendant would still be liable for the full extent of the claimant’s injuries even if their injuries may be more severe than those expected in a person without that pre-existing condition.

This rule ensures claimants in personal injury cases are fairly treated and receive compensation for the full extent of their losses, irrespective of their previous health conditions.

Navigating this area of the law can be challenging and often requires fine points of distinction to be made. Claimants in personal injury cases should consider hiring legal representation to assist them with their case.

TAGGED:personal injuriespersonal injurypersonal injury lawsuit
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

nurse leaders
Shaping Tomorrow’s Healthcare: The Role of Nurse Leaders
Nursing
March 10, 2026
Nursing shortage
Does Educational Rigor Negatively Impact the Talent Pool for Nursing?
Career Nursing
March 9, 2026
How Bottleless Office Water Coolers Support Corporate Sustainability Goals
eHealth Fitness Health lifestyle
March 9, 2026
public health housing
Structural Integrity in Homes and Its Impact on Public Health
Public Health
March 5, 2026

You Might also Like

The Journey to Healing: Navigating the Aftermath of Wrongful Death Claims
HealthHealth care

The Journey to Healing: Navigating the Aftermath of Wrongful Death Claims 

August 26, 2023
Health carePolicy & LawPublic Health

Deconstructing the Misconceptions About the Benefits of Preventive Healthcare

June 26, 2019
7 Simple Ways to Improve a Patient's Experience After an Accident
Health care

7 Simple Ways to Improve a Patient’s Experience After an Accident

June 18, 2018
Health careMedical EthicsSenior Care

Scammers Preying On The Elderly: How To Be More Vigilant

December 10, 2019
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?