| "Should I tell them about my pre-existing condition?" | | | | plaintiff rule" in reference to an early English case |
| "Will it hurt my case?" are questions injury clients often | | | | where a man with a thin skull suffered death when a |
| ask. | | | | normal man would have only suffered a bump on the |
| You don't want to hide anything about your medical | | | | head. |
| history from the other side. First, you have an obligation | | | | Asymptomatic Versus Symptomatic Condition |
| to share the information. Second, a preexisting | | | | The rule is applied differently depending on whether, |
| condition that is aggravated can mean more | | | | before the accident, the victim was "asymptomatic," i.e. |
| compensation than if you were completely healthy | | | | no symptoms, or "symptomatic" i.e. having symptoms. |
| before the accident. | | | | Here is a summary of the majority American rule on |
| Take the case of Shannon whose car was struck | | | | aggravation of asymptomatic pre-existing conditions |
| from behind while sitting in traffic. There was no visible | | | | as expressed by the Utah Court of Appeals: |
| damage to her Toyota Supra. Ordinarily a low | | | | "the rule is well settled that when a defendant's |
| property damage case like this one would not be | | | | negligence aggravates or lights up a latent, dormant or |
| worth much. | | | | asymptomatic condition, or one to which the injured |
| However, she began to feel pain in her neck right after | | | | person is predisposed, the defendant is liable to the |
| the accident and was taken to the emergency room. | | | | injured person for the full amount of damages which |
| A CT scan revealed that a preexisting disc injury had | | | | ensue, notwithstanding such diseased or weakened |
| been aggravated. Eventually Shannon required surgery. | | | | condition." |
| When Shannon's lawyer presented a claim to the | | | | For symptomatic conditions the rule is slightly different. |
| at-fault driver's insurance company they made no | | | | Pain or disability may have been present before the |
| offer at all. This is often the case in accidents with no | | | | accident but the new accident makes it worse. In that |
| visible car damage. | | | | case the tortfeasor is only responsible to pay the |
| After a lawsuit was filed and a trial date was set the | | | | victim compensation for the aggravation or worsening |
| insurance company settled the case for a significant | | | | of the condition. In these cases it is necessary to |
| amount. | | | | apportion between the preexisting condition and the |
| The Rule On Aggravation Of Pre-existing Conditions | | | | worsening caused by the new accident. |
| In all 50 states it is established that a tortfeasor (i.e. the | | | | Workers Compensation |
| person-at-fault, also known as the defendant) is liable | | | | These rules also apply to workers compensation |
| when he aggravates a preexisting condition of the | | | | cases. The rule is well established that when an |
| plaintiff (i.e. the injured person, the person who files the | | | | industrial accident lights up or aggravates a pre-existing |
| lawsuit). | | | | deficiency or disease, the aggravation is compensable |
| The United States Supreme Court gave approval to | | | | as long as the industrial accident was the medical and |
| this principle in United States v. Feola (420 U.S. 671, | | | | legal cause of the injury. |
| 685.) In the Feola case the person-at-fault assaulted a | | | | Conclusion |
| plain clothes federal police officer. He tried to reduce | | | | Knowledge of the law of pre-existing conditions is a |
| his liability by arguing that he did not know the man | | | | "must know" area for anyone handling an injury case. |
| was a federal officer. | | | | Be sure to research and understand the principles as |
| The Supreme Court did not care. It was irrelevant, said | | | | they apply in your state. |
| the Court, that the assailant did not know the victim | | | | Disclaimer |
| was an officer. In summary, said the Justices, citing a | | | | This article is provided for informational purposes only |
| well-established principle of American law, a tortfeasor | | | | and is not intended to take the place of competent |
| "takes his victim as he finds him." (In this case the | | | | legal advice from an experienced injury attorney in the |
| pre-existing condition was being a federal officer.) | | | | state where you live. |
| This principle is often referred to as the "eggshell | | | | |