If you’ve been injured in an accident and already had a prior health condition, you may wonder: “Will this ruin my case?” Insurance companies will certainly try to use your medical history against you. But under Arizona law, a pre-existing condition doesn’t mean you lose your right to compensation. In fact, the law protects vulnerable victims through what’s called the “eggshell plaintiff” rule.
At Jeff GOULD Law, we are well-versed in the tactics insurers use to twist medical histories and avoid paying full value. With over 25 years of experience, as the Attorney in YOUR Corner, we know how to fight back so your past doesn’t prevent your recovery.
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Understanding the Role of Pre-Existing Conditions
Many people live with conditions like arthritis, degenerative disc disease, old sports injuries, asthma, or prior back and neck issues. These conditions don’t prevent you from pursuing a personal injury claim. What matters is how the accident aggravated, worsened, or accelerated those conditions.
Example: You may have experienced occasional knee pain in the past, but after an auto accident, the pain becomes constant and requires surgery. The accident clearly made things worse, and the at-fault party is responsible for that aggravation.
Arizona law makes it clear: the defendant must take you as they find you. This is where the eggshell plaintiff rule comes in.
The Eggshell Plaintiff Rule in Arizona
The “eggshell plaintiff” rule says that a negligent party is responsible for all the harm they cause, even if the victim was more fragile or vulnerable due to a pre-existing condition.
In other words, if someone with a prior back injury is rear-ended and the crash makes that injury significantly worse, the at-fault driver can’t argue, “Well, they were already hurt.” They are responsible for the full impact of their actions, not just the difference between a healthy person and you.
This principle ensures that injury victims with pre-existing conditions aren’t penalized for simply being more vulnerable.
How Insurance Companies Use Medical History Against You
Despite the law, insurance companies can and will look for any excuse to reduce your payout. Common tactics include:
- Digging through years of medical records to argue your pain is “just” your old condition.
- Claiming your injury wasn’t caused by the accident but by the natural progression of a pre-existing issue.
- Twisting your own words if you downplay symptoms at the scene (“I’ve had back pain before”).
- Pressuring you to sign medical releases giving them broad access to unrelated medical history.
- These strategies are designed to confuse, intimidate, and undervalue your claim.
Protecting Yourself When You Have a Pre-Existing Condition
Be Honest About Your Medical History
Never try to hide prior conditions. If you do, insurers will find out and use it to attack your credibility. Full honesty allows your attorney to build a stronger, consistent case.
Document the Change Clearly
The key is showing how your life changed after the accident. Medical records, testimony from treating doctors, imaging comparisons, and even personal journals are powerful in proving that your condition worsened.
Don’t Sign Broad Medical Releases
Insurers may ask for full access to your entire medical history. This is rarely necessary and often a trap. Let your attorney handle what’s reasonable to provide.
Seek Ongoing Care and Follow Through
If your condition has been aggravated, attending all recommended treatments — and documenting your symptoms — is vital. Gaps in treatment can give insurers ammunition.
Common Examples of Pre-Existing Conditions in Claims
- Spinal degeneration that is made worse by car crashes.
- Arthritis or joint problems aggravated by auto accidents.
- Asthma or lung conditions worsened by toxic exposure.
- Old fractures or surgeries that become unstable after new trauma.
In all these situations, you still have the right to compensation for the additional harm caused.
Why Having an Attorney Matters
When pre-existing conditions are involved, claims quickly become more complex. Insurers will lean heavily on medical experts to argue that your problems existed long before the accident. Without a skilled lawyer, you may be pressured into a low settlement.
Jeff GOULD Law knows how to:
- Present clear medical evidence showing the aggravation of your condition.
- Work with treating doctors and medical experts to explain causation.
- Push back when insurers overreach into unrelated medical history.
- Demonstrate how the accident changed your daily life and abilities.
Were you or a loved one injured in Arizona while living with a pre-existing condition? Don’t let the insurance company minimize your claim. With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner, ready to protect your rights, prove your damages, and fight for the full compensation you deserve.
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.