For many people, having chronic back pain or a sore knee is part of their daily lives. Still, a single accident from a negligent party can dramatically change things. Now, you may be concerned whether your medical history will prevent you from recovering compensation you are entitled to.
The “eggshell plaintiff” principle
California follows a legal principle that protects individuals who may be more vulnerable to injury because of their health status. This is sometimes called the eggshell plaintiff doctrine. Under this rule, a person who causes harm must take the injured party as they find them.
If a car accident makes a pre-existing condition worse, the at-fault driver may still be responsible for the full extent of the harm. A defendant generally cannot avoid liability by claiming that a person without your condition would not suffer such a serious injury.
This principle can apply whether your condition was active or fairly well-managed at the time of the incident. Even if medication or therapy had been keeping your symptoms under control, a collision could cause a noticeable increase in pain or require more demanding treatment. In those situations, you may be able to seek compensation for the additional harm caused by the accident.
Apportionment of damages
If you have a pre-existing medical condition, apportionment helps determine how much of your current symptoms stem from that condition and how much stems from the new injury. California law holds the defendant responsible for any harm they caused or aggravated, but not for the condition you already had.
Under California Civil Jury Instructions (CACI 3927), once you show that the defendant caused some harm, they must prove what portion of your current condition is attributed to prior issues rather than the accident. If they cannot reliably separate the old and new causes, the court cannot reduce your damages based on guesswork alone.
Medical proof is crucial
Medical evidence plays a key role in the apportionment process. Your doctors will compare tests, imaging and evaluations from before and after the accident to identify relevant changes. For example, if your earlier records showed mild degeneration but later scans reveal a new herniation, that difference supports the fact that the accident worsened your condition.
In many cases, medical experts find it difficult to clearly divide symptoms between old and new sources. When the evidence does not allow a precise apportionment, the defendant may be responsible for the full extent of your current condition.
Why transparency matters
Being open about your medical history can strengthen your personal injury claim. It may feel uncomfortable to talk about past health issues, but sharing this information usually prevents bigger challenges later on.
Insurance companies tend to look closely at medical records and past treatments. If they come across a condition you fail to mention, they may question your honesty or suggest that your current injuries are not as serious as they seem, making your claim harder to prove.
Consulting with an attorney and keeping them fully informed can help with this issue. When your lawyer understands your health before and after the accident, they can clearly show how the incident affected you and effectively protect the value of your claim.
