Can a Pre-Existing Medical Condition Hurt My Personal Injury Claim?
If you were injured in a prior accident or were struggling with a particular health condition when the car accident, motorcycle crash, truck wreck, etc. occurred, it does not mean that you cannot obtain a financial recovery from the other driver. In general, the plaintiff in a personal injury case can receive compensation for pre-existing conditions to the degree that the accident made those conditions worse. This is known as exacerbation or aggravation of pre-existing conditions, and victims may be able to receive compensation not only for physical ailments and injuries, but also mental health conditions like anxiety and depression. In tort law, this is known as the "egg shell skull" principle.