Insurers love pre-existing conditions. If you had a prior back problem, an old knee injury, or a degenerative condition, they will argue that your current pain has nothing to do with the accident, it was already there. Many injured people with prior conditions wrongly assume this means they have no claim. Arizona law says otherwise.
'But You Were Already Hurt'
Having a pre-existing condition does not bar your claim, and a well-established legal principle protects you.
The Eggshell Plaintiff Rule
Arizona follows the 'eggshell plaintiff' (or 'eggshell skull') rule: a wrongdoer takes their victim as they find them. This means that if someone causes an accident, they are responsible for the full extent of the harm, even if the victim was unusually fragile or more susceptible to injury because of a pre-existing condition.
If a minor crash would have barely hurt a healthy person but seriously injured you because of a prior condition, the at-fault party is liable for your actual injuries, not the lesser injuries a hypothetical healthy person would have suffered.
Aggravation of a Pre-Existing Condition
Closely related is the rule on aggravation. If an accident worsens or 'lights up' a pre-existing condition, the at-fault party is responsible for that worsening. You are entitled to compensation for the difference between your condition before and after the accident.
The key is medical evidence that distinguishes your baseline from the new harm. Honest disclosure of your history, paired with records showing the change, defeats the insurer's argument.
Protecting a Claim With a Prior Condition
Do not hide a pre-existing condition, doing so destroys credibility when it surfaces, as it always does. Instead, be upfront, and let your medical providers document how the accident changed your condition. The eggshell rule is on your side. A free review can help you understand how to present a claim involving a prior injury so the insurer cannot use it to escape responsibility.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.