| 0;Should I tell them about my pre-existing | | | | “eggshell plaintiff rule” in reference to an |
| condition?” “Will it hurt my case?” | | | | early English case where a man with a thin skull |
| are questions clients often ask. | | | | suffered death when a normal man would have only |
| You don’t want to hide anything about your | | | | suffered a bump on the head. |
| medical history from the other side. First, you have an | | | | Asymptomatic Versus Symptomatic Condition |
| obligation to share the information. Second, a | | | | The rule is applied differently depending on whether, |
| preexisting condition that is aggravated can mean | | | | before the accident, the victim was "asymptomatic," i.e. |
| more compensation than if you were completely | | | | no symptoms or "symptomatic" i.e. having symptoms. |
| healthy 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 I presented a claim to the at-fault | | | | The other situation involves a preexisting condition |
| driver’s insurance they made no offer at all. | | | | where pain or disability is present before the new |
| This is often the case in accidents with no visible car | | | | injury worsens it. In that case the tortfeasor is only |
| damage. | | | | responsible to pay the victim compensation for the |
| After a lawsuit was filed and a trial date was set the | | | | aggravation of the condition. |
| insurance company settled the case for a significant | | | | In these cases it is necessary to apportion between |
| amount. | | | | the preexisting condition and the worsening caused by |
| The Rule On Aggravation Of Pre-existing Conditions | | | | 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 | | | | The rule is well established that when an industrial |
| when he aggravates a preexisting condition of the | | | | accident lights up or aggravates a pre-existing |
| plaintiff (i.e. the injured person, the person who files the | | | | deficiency or disease, it is compensable as long as the |
| lawsuit). | | | | industrial accident was the medical and legal cause of |
| The United States Supreme Court gave approval to | | | | the injury. |
| this principle in United States v. Feola (420 U.S. 671, | | | | Conclusion |
| 685.) In the Feola case the person-at-fault assaulted a | | | | Knowledge of the law of pre-existing conditions is a |
| plain clothes federal police officer. He tried to reduce | | | | "must know" area for anyone handling an injury case. |
| his liability by arguing that he did not know the man | | | | Be sure to research and understand the principles as |
| was a federal officer. | | | | they apply in your state. |
| The Supreme Court did not care. It was irrelevant, said | | | | Disclaimer |
| the Court, that the assailant did not know the victim | | | | This article is provided for informational purposes only |
| was an officer. In summary, said the Justices, citing a | | | | and is not intended to take the place of competent |
| well-established principle of American law, a tortfeasor | | | | legal advice from an experienced injury attorney in the |
| "takes his victim as he finds him." | | | | state where you live. |
| This principle is often referred to as the | | | | |