Will Pre-Existing Conditions Impact Your Personal Injury Lawsuit in Connecticut?
When you are injured in an accident and already living with a health condition, you might worry that your prior medical history will work against you. It’s a valid concern—insurance companies often scrutinize pre-existing conditions to minimize payouts. But here’s what you need to know: having a pre-existing condition doesn’t disqualify you from recovering compensation. Connecticut law protects your right to fair damages, regardless of your medical history before the accident.
If you have been involved in an accident, contact our New Haven accident attorneys to seek compensation. Schedule your free consultation today!
Common Types of Pre-Existing Conditions
Pre-existing conditions come in many forms, and any prior medical issue can become a focal point during settlement negotiations or litigation. These conditions range from chronic diseases to old injuries that have healed or are being managed.
Here are some of the most common pre-existing conditions that arise in personal injury cases:
- Arthritis
- Diabetes
- Heart disease
- Asthma
- Chronic pain
- Previous fractures
- Herniated discs
- Degenerative disc disease
- Osteoporosis
- Fibromyalgia
- Migraines
- Anxiety disorders
- Depression
- High blood pressure
- Prior surgical history
- Old sports injuries
The Eggshell Skull Rule Explained
Connecticut follows what’s known as the eggshell skull rule, a legal principle that protects injury victims with pre-existing vulnerabilities. This rule establishes that if someone causes an accident through negligence, they’re responsible for all resulting harm—even if the injured person was more susceptible to injury due to a prior condition. Essentially, negligent parties must accept victims as they find them, fragile health and all.
This principle is vital in personal injury cases because it prevents wrongdoers from escaping accountability simply because their victim had underlying health issues. Without the eggshell skull rule, defendants could routinely minimize their liability by pointing to pre-existing conditions, leaving vulnerable people without recourse. Whether your previous back injury was aggravated in a car crash or your chronic condition was worsened by a slip and fall, the at-fault party remains liable for the full extent of your damages.
How Insurance Companies Use Pre-Existing Conditions Against You
Despite these protections, insurance companies regularly attempt to exploit pre-existing conditions to reduce settlement offers. They will comb through your medical history looking for anything that might blur the line between old injuries and new ones. Their goal is to argue that your current pain and limitations existed before the accident, therefore minimizing what they owe you.
Adjusters may claim your herniated disc was already deteriorating, or that your chronic back pain means the accident didn’t really cause additional harm. They might even use gaps in your treatment history to suggest you were not injured as severely as you claim.
Protect Your Right to Full Compensation with an Attorney
You have the right to full compensation after an accident, even if you have a pre-existing condition. But this doesn’t stop insurance companies from attempting to use your condition against you. In these situations, you need someone who will protect your rights and fight for your future.
A New Haven personal injury lawyer understands how to distinguish between pre-existing conditions and new injuries caused by an accident. They will gather comprehensive medical records, work with healthcare experts to establish causation, and build a compelling case that demonstrates how the incident specifically impacted your health. If you were injured, contact a personal injury lawyer in New Haven who can evaluate your case and advocate for your maximum recovery.