Can I file a car accident case if I have a preexisting condition?

Yes, you can file a car accident case if your preexisting condition worsened after a crash. In fact, Illinois law protects you and guarantees that you can recover damages from an aggravated injury.

Under Illinois law, people injured in a crash can recover all damages (medical bills, lost wages, pain and suffering, etc.) for injuries that were proximately caused by a negligent driver.

“All damages” includes damages incurred by aggravating or exacerbating an underlying condition. During trials where the plaintiff suffered an aggravation of a preexisting condition, the judge will read a specific jury instruction at the end of the case.

That instruction reads: “If you decide for the plaintiff on the question of liability, you may not deny or limit the plaintiff’s right to damages resulting from this occurrence because any injury resulted from aggravation of a pre-existing condition or a pre-existing condition which rendered the plaintiff more susceptible to injury.”

What is the “aggravation” or “eggshell skull” rule?

In modern law, this is known as the “eggshell skull rule.” Simply put, the aggravation rule means that you must “take the plaintiff as you find her.” In other words, an injured party’s particular vulnerability to severe injuries cannot be used as a defense.

Here’s a common example that illustrates how the eggshell skull or aggravation rule works. Let’s say Alex suffers from a condition known as hemophilia, which means that his blood cannot clot as well as a normal person.

Hemophiliacs walk around with a significantly increased risk of serious injury every day of their lives. If Bob lightly kicks Alex in the shin, and Alex is cut, it could be a devastating injury for Alex.

With his blood unable to clot normally, he runs the risk of bleeding out. Alex may need to be taken to an emergency room to treat his injuries. In the worst-case scenario, Alex may die from his seemingly minor cut.

The aggravation rule protects those with preexisting conditions

Under the aggravation rule, Bob cannot throw his hands in the air and say, “This was a minor cut that would have caused zero damage to anybody else.”

That is not a viable defense under the aggravation rule. Bob will be responsible for whatever damages he caused Alex even though Alex had a unique susceptibility that most people do not have.

Similarly, consider a healthy 25-year-old who is rear-ended at a moderate rate of speed. That 25-year-old may never have any lower back symptoms as a result of that crash.

On the other hand, a 65-year-old who has a long history of lower back problems may have catastrophic symptoms after a similar crash. The defendant driver may be liable to the 65-year-old for medical bills from a fusion surgery or lost wages from a few months off work. The driver never would have been liable for these damages had the driver he rear-ended had no prior back problems.

Injured in a car accident? We can help.

If you have been injured or suffered an aggravation of a preexisting injury in a crash, talk to one of our attorneys to see if you have a viable claim against the bad driver. In our experience, there is no downside to exploring your legal options.

Call us at (312) 578-9501 or fill out the form at the bottom of the page to get started.