Here is a worry that stops many injured people from pursuing a fair claim: “I already had a bad back (or a prior injury) – won’t the insurance company just blame that?” It is a common tactic, but California law includes a powerful protection for exactly this situation, and it is important to understand.
Here is how pre-existing conditions really affect an injury claim – and the rule that protects you.
The “Eggshell Plaintiff” Rule, Explained
California follows a long-standing principle often called the “eggshell plaintiff” (or “eggshell skull”) rule. In plain terms: a wrongdoer takes their victim as they find them. If someone’s negligence injures you, they are responsible for the full extent of the harm they caused – even if you were more fragile than average, and even if a healthier person might have been hurt less. Being more vulnerable to injury does not reduce what you are owed.
Aggravation of a Pre-Existing Condition
This matters most when an accident worsens a condition you already had. If a crash aggravates a prior back injury, arthritis, or another condition, you are entitled to compensation for that worsening – the difference between how you were before and after. The at-fault party cannot escape responsibility simply because you were not in perfect health to begin with.
Why Insurers Raise Pre-Existing Conditions
Knowing the law, insurers still routinely point to pre-existing conditions to argue your injuries “were already there” and to offer you less. Do not take that at face value. The key is clear medical evidence – records that show your condition before the accident and how it changed afterward – which distinguishes the new harm the accident caused from what came before.
Protecting Your Claim
If you have a pre-existing condition, be honest and thorough about it – hiding it only hands the insurer ammunition. Instead, make sure your medical records tell the full story, and get experienced guidance. Properly presented, a pre-existing condition is not a barrier to a fair recovery; the law is on your side.
A prior injury does not mean you deserve less after a new one. If an accident has worsened a pre-existing condition in California, Ellin Mardirosian Law offers a free consultation to help you pursue the full compensation you are owed.
Helpful Resources & Links
Practice Areas – Ellin Mardirosian Law
Related: The Hidden Costs of Serious Injuries
Website by Inspirovate Creatives
California Courts – Self-Help Center
Cornell Law (LII) – Eggshell Skull Rule
Free consultation with Ellin Mardirosian Law – call (747) 310-5200. Representing accident and injury victims across California and Nevada. Fluent in English, Spanish, and Armenian.
Disclaimer: This article is general information about California (and, where noted, Nevada) law, not legal advice, and does not create an attorney-client relationship. Every case is different — for guidance on your situation, speak with a licensed attorney.
