The “Eggshell Plaintiff” Rule for Pre-Existing Medical Conditions – Insights from a California Spine Injury Lawyer

If you’ve suffered a spinal injury and already had a pre-existing back or neck condition, you may wonder how it affects your personal injury claim. Insurance companies often try to deny or reduce compensation by blaming injuries on prior conditions. However, an experienced California personal injury attorney will protect your rights, including those who suffer from pre-existing conditions.

California law protects accident victims through the Eggshell Plaintiff rule, ensuring that at-fault parties are responsible for all harm they cause—even if the victim was more vulnerable than the average person.

This article explains how pre-existing conditions affect spinal injury claims, how the Eggshell Plaintiff rule applies, and why working with a personal injury attorney is critical to maximizing your compensation.

Understanding Spinal Cord Injuries

Spinal cord injuries are a type of traumatic injury that can have a significant impact on a person’s quality of life. Understanding the definition, types, causes, symptoms, and effects of spinal cord injuries is crucial for individuals who have suffered from such an injury.

Anterior cord syndrome and central cord syndrome are specific types of incomplete spinal cord injuries. Anterior cord syndrome affects the front portion of the spinal cord, leading to significant difficulty with movement while retaining some sensory function. In contrast, central cord syndrome occurs when the central area of the spine is damaged, resulting in symptoms such as arm paralysis, partial loss of function in the legs, and a loss of fine motor skills.

Definition and Types of Spinal Cord Injuries

A spinal cord injury is damage to the spinal cord, which is a bundle of nerves that carries messages between the brain and the rest of the body. There are two main types of spinal cord injuries: complete and incomplete.

Complete spinal cord injuries occur when the spinal cord is completely severed, resulting in a loss of all function below the site of the injury. Incomplete spinal cord injuries occur when the spinal cord is not completely severed, and some function remains.

Common Causes of Spinal Cord Injuries

Many spinal cord injuries are associated with car accidents, particularly whiplash injuries. Spinal cord injuries can be caused by a variety of factors, including motor vehicle accidents, falls, sports injuries, and violence. According to the National Spinal Cord Injury Statistical Center, the leading causes of spinal cord injuries are:

• Motor vehicle accidents (50%)

• Falls (25%)

• Sports injuries (15%)

• Violence (10%)

• Other accidents (10%)

Symptoms and Effects of Spinal Cord Damage

The symptoms and effects of spinal cord damage can vary depending on the severity and location of the injury. Common symptoms include:

• Loss of feeling and numbness

• Paralysis or weakness

• Loss of bladder and bowel control

• Pain

• Anxiety and depression

The effects of spinal cord damage can be permanent and may require ongoing medical care and treatment.

What Is the “Eggshell Plaintiff” Rule?

The Eggshell Plaintiff rule (also known as the thin skull rule) ensures that negligent parties cannot escape liability just because the victim was more fragile or had a pre-existing condition. This means that if someone’s negligence worsens an old injury, they are fully responsible for the increased harm.

Key Aspects of the Rule:

• Defendants must take victims as they find them. If an injured person suffers more due to a prior condition, the at-fault party must still compensate them fully.

• Victims cannot claim damages for old injuries, but they can recover for new harm. The law only requires payment for worsening or aggravation of pre-existing conditions.

• Defendants cannot argue that a healthier person would not have been as severely injured. The law holds them accountable for the actual injuries suffered by the victim, not a hypothetical “healthy person.”

For example, if two people are involved in the same car accident, one with a healthy spine and one with osteoporosis, the second victim may suffer severe spinal fractures while the first person walks away unharmed. The at-fault driver is still fully liable for the injuries sustained by the victim with osteoporosis, even though their condition made the injuries worse.

How Pre-Existing Conditions Affect Spinal Injury Claims

Many people already have some level of spinal degeneration or prior injuries before an accident. Studies show that by age 50, over 90% of people have some degree of degenerative disc disease, even if they do not experience symptoms. Similarly, osteoporosis, spinal arthritis, or past back injuries can increase the severity of new injuries.

Common Pre-Existing Spine Conditions That Can Be Aggravated:

• Herniated Discs: A previously stable bulging disc may herniate after an accident, pressing on nerves and causing severe pain.

• Degenerative Disc Disease & Osteoarthritis: Trauma can accelerate wear and tear, leading to nerve compression, limited mobility, and chronic pain.

• Spinal Stenosis: A narrowing of the spinal canal may have been asymptomatic before an accident, but a crash can trigger debilitating symptoms.

• Prior Spinal Surgeries: A past spinal fusion or laminectomy may have been stable but could be disrupted or destabilized by a traumatic event.

If an accident worsened your condition or made a previously asymptomatic issue painful, the at-fault party is legally responsible for that aggravation under California law.

How California Courts Handle Aggravated Injuries

California courts recognize that pre-existing conditions do not prevent accident victims from recovering damages. The focus is on whether the defendant’s negligence worsened the condition. This recognition is crucial because it ensures that individuals with prior health issues are not unfairly penalized in personal injury claims. Courts examine the extent to which an accident has aggravated a pre-existing condition, rather than dismissing the injury as solely attributable to past health issues.

By doing so, they uphold the principle that negligent parties should be held accountable for the full extent of the harm they cause, regardless of the victim’s prior vulnerabilities. This approach allows victims to seek compensation for the additional pain, suffering, and medical expenses incurred due to the exacerbation of their condition, ensuring they receive fair treatment under the law.

California Jury Instructions on Pre-Existing Conditions:

• CACI 3927 – Aggravation of Preexisting Condition: Juries are instructed that if an accident worsens a pre-existing injury, the victim must be compensated for the increased harm.

• CACI 3928 – Unusually Susceptible Plaintiff: Defendants cannot argue that a healthier person would not have been injured as severely—they are liable for the full extent of the victim’s injuries.

For example, if a store fails to clean up a spill and an elderly shopper with spinal stenosis slips and falls, the store is responsible for all injuries caused, even if the victim’s age or prior back condition contributed to the severity of the injury.

Proving Aggravation of a Pre-Existing Injury

Insurance companies routinely argue that any injury is due to aging or past medical issues rather than the accident. Solid evidence is needed to prove the accident worsened the condition.

How to Strengthen Your Case:

Thoroughly reviewing pre- and post-accident medical records is essential for building a strong case. These records, including MRIs, X-rays, and physician notes, can reveal any changes in your condition that resulted from the accident. They serve as clear evidence of how the injury has aggravated a pre-existing condition, providing a factual basis for your claim.

Obtaining a detailed report from your treating physician is another critical step. This report should confirm that your condition was stable before the accident and has deteriorated due to the trauma. A medical professional’s insight significantly strengthens your case by offering expert validation of your claims.

Maintaining a comprehensive pain journal is an effective way to document the changes in your mobility, pain levels, and daily limitations following the accident. This personal account can serve as compelling evidence of how the injury has impacted your day-to-day life, providing a narrative that complements the medical data.

In addition, gathering witness testimony from family, friends, or co-workers can be invaluable. These statements can illustrate the changes in your lifestyle and activities post-accident, offering a broader perspective on how the injury has affected you. Personal testimonies add depth to your claim by highlighting the real-world impact of your injuries.

Engaging a spine specialist to provide expert testimony can be instrumental in explaining the medical intricacies of how the accident triggered or worsened your spinal injury. Their expertise can lend credibility to your claim and help counter any arguments from the insurance company.

Being transparent about past injuries can actually bolster your claim. If undisclosed prior conditions are revealed through medical records, it could jeopardize your credibility and weaken your case. Honesty in presenting your medical history ensures that your claim remains strong and credible.

Lifetime Costs of Spinal Cord Injuries

Spinal cord injuries can result in significant lifetime costs, including future medical costs, medical care and treatment costs, lost wages, and other expenses.

Medical Care and Treatment Costs

The medical care and treatment costs for spinal cord injuries can be substantial. According to the National Spinal Cord Injury Statistical Center, the estimated lifetime costs for a person with a spinal cord injury can range from $1 million to $4 million or more. These costs include:

• Emergency medical care and hospitalization

• Rehabilitation and physical therapy

• Ongoing medical care and treatment

• Assistive devices and equipment

• Home modifications and accessibility changes

In addition to medical care and treatment costs, individuals with spinal cord injuries may also experience lost wages and other expenses, such as:

• Lost earning potential

• Reduced quality of life

• Increased costs for transportation and accessibility

• Increased costs for home care and assistance

It is essential for individuals with spinal cord injuries to seek the advice of an experienced spinal cord injury lawyer to help navigate the complex process of filing a claim and seeking compensation for their injuries.

Common Insurance Company Tactics (And How to Fight Back)

Insurance companies often use pre-existing conditions as an excuse to deny or minimize claims. Here are common arguments they use—and how to counter them:

“Your pain is just from aging.”

How to Respond: Your doctor can confirm that the accident accelerated the condition or caused new symptoms. Additionally, a detailed medical report can illustrate how your condition was stable before the accident, providing a clear timeline of your health deterioration post-incident.

“You already had back problems before.”

How to Respond: California law explicitly protects victims with pre-existing conditions—defendants are liable for any worsening. It is crucial to present comprehensive medical records that differentiate between pre-existing issues and the new or aggravated symptoms caused by the accident.

“You would have had these problems eventually.”

How to Respond: Medical experts can prove the accident sped up the condition or made it symptomatic when it wasn’t before. Expert testimonies can also highlight how the trauma from the accident directly impacted your condition, emphasizing the sudden onset of symptoms that were not previously present.

“Your MRI shows degeneration—this wasn’t from the accident.”

How to Respond: Most adults have some spinal degeneration—but that doesn’t mean it was painful or disabling before the accident. A comparative analysis of pre- and post-accident MRIs can demonstrate changes that are directly attributable to the trauma, countering claims that the degeneration was purely age-related.

A strong legal team, including experienced injury lawyers, can counter these tactics with medical evidence and expert testimony, ensuring that you receive the full compensation you deserve. You can further support your case by showing the real-life impact of the injury on your daily activities and quality of life.

Why You Need an Experienced Spinal Cord Injury Lawyer

Spine injury claims involving pre-existing conditions are complex, requiring experienced spinal cord injury attorneys to advocate for spinal cord injury victims. A skilled California spinal injury lawyer is essential for building a strong case by gathering comprehensive medical evidence and expert testimony.

Spinal cord injury cases are inherently complex and costly, requiring specialized legal assistance to navigate claims.

Negotiating with insurance companies is crucial for victims of spinal injuries. Experienced spinal injury lawyers prevent lowball offers, ensuring compensation reflects medical bills, lost wages, and pain and suffering. Their goal is to maximize compensation by including all potential damages, from immediate expenses to long-term impacts.

Personal injury attorneys play a vital role in ensuring that all potential damages, including ongoing medical expenses, are pursued in legal claims.

If insurance companies don’t offer fair settlements, a dedicated attorney will take your case to court, fighting for your rights and the compensation you deserve. Having a California spine injury lawyer ensures you have a strong advocate ready to navigate the legal system on your behalf, especially for victims throughout Los Angeles.

Take Action: Protect Your Rights Today

If you or a loved one suffered a spine injury that aggravated a pre-existing condition, you need experienced spinal cord injury lawyers. At RMD Law, we fight for accident victims—regardless of their prior health history.

Understanding the complexities of spinal cord injury claims is essential, especially when pre-existing conditions are involved. Our team of seasoned spinal cord injury attorneys is well-versed in the nuances of California’s personal injury laws and the Eggshell Plaintiff rule. We are dedicated to ensuring that our clients receive full and fair compensation for the aggravation of their conditions.

Our legal team will guide you through every step, from gathering comprehensive medical documentation to negotiating with insurance companies, and if necessary, representing you in court. Trust RMD Law to be your advocate and secure the justice you deserve.

Call us today at (949) 828-0015 for a free consultation and let us help you navigate California’s personal injury laws. Visit our Spinal Cord and Brain Injury Accident page to learn more.