Pre-existing condition

What is a pre-existing condition?

A pre-existing condition is a health issue, injury or degenerative change that already existed before the incident currently being claimed, whether or not it was actually causing symptoms at that time.

Its presence does not defeat a claim. New Jersey law generally compensates aggravation of an existing condition, meaning worsening something already vulnerable remains a genuinely compensable harm in its own right.

This principle connects directly to the eggshell plaintiff rule, which holds that a defendant takes an injured person as they actually find them, unusual vulnerability included.

Understanding this principle matters considerably, since insurers routinely raise a pre-existing condition as though it automatically defeats or severely undermines an otherwise valid claim.

How does having a pre-existing condition actually affect a claim?

The specific analysis distinguishes carefully between causing a condition and meaningfully worsening one that already existed beforehand.

• A truly asymptomatic condition that becomes newly symptomatic after the incident is generally compensable
• A symptomatic condition that becomes meaningfully worse is compensable to the extent of that specific worsening
• The defendant remains responsible for the full extent of any aggravation actually caused
• Establishing your genuine baseline before the incident becomes a genuinely central task
• Prior treatment records for the same body region carry particular significance in this analysis

Why does establishing your baseline matter so significantly?

Because the entire aggravation analysis depends on genuinely knowing what your condition looked like before the incident, in order to measure how much it actually changed afterward.

Prior medical records, even ones that might initially seem unhelpful to your case, are actually essential to establishing this baseline accurately and credibly.

Where no prior treatment records exist for the affected body region, the absence of any prior complaint itself becomes meaningful, supporting evidence that symptoms genuinely began with this specific incident.

How does the defense typically use a pre-existing condition?

By arguing that current symptoms reflect the natural progression of the pre-existing condition itself, rather than any genuine aggravation actually caused by the incident.

The response is generally built through timing evidence, showing symptoms began or meaningfully worsened specifically after the incident, along with a treating physician's opinion connecting that timing to genuine causation.

Comparing any prior imaging directly against post-incident imaging, where both exist, frequently provides the clearest evidence distinguishing genuine aggravation from mere pre-existing degeneration.

Common questions

Does having a pre-existing back condition mean I cannot bring a claim?

No. Aggravation of an existing condition is generally compensable, and the eggshell plaintiff rule specifically protects against this exact defense argument.

Should I disclose my prior injuries even if they seem unhelpful to my case?

Yes, always. Prior records are essential to establishing your genuine baseline, and they will be discovered regardless, making early, honest disclosure far better than having them surface unexpectedly later.

How is aggravation actually proven?

Through comparison of your condition before and after the incident, timing of when symptoms began or worsened, and a treating physician's opinion connecting that specific timing to genuine causation.