Aggravation of a pre-existing condition occurs when an existing medical issue worsens due to an accident or event caused by another’s negligence. In personal injury law, this concept is crucial because victims are still entitled to seek compensation, even if they were not in perfect health before the incident.
Legal Considerations
- Causation: The injured party must demonstrate that the accident directly aggravated their pre-existing condition. This can be established through medical records, expert testimony, and the comparison of the condition before and after the incident.
- Eggshell Plaintiff Doctrine: Personal injury law often follows the Eggshell Plaintiff rule, which states that a defendant is liable for the full extent of a victim’s injuries, even if those injuries are more severe due to a pre-existing condition. The victim’s pre-existing vulnerability cannot be used to reduce the defendant’s responsibility.
- Compensation: Victims can receive compensation for the additional medical expenses, pain and suffering, and other damages resulting from the aggravated condition. However, compensation will be based on the exacerbation of the condition, not the original issue itself.
Common Examples
- A person with arthritis sustains a fracture in a fall, significantly worsening their condition and requiring surgery or physical therapy.
- A victim with a prior neck injury from a sports incident suffers whiplash in a car accident, intensifying their chronic pain and reducing mobility.
Medical Evidence
Accurately documenting the aggravation is critical in these cases. Medical experts often play a key role in differentiating between the pre-existing condition and the extent of the new injury caused by the accident. Thorough medical evaluations and testimony can establish the degree of aggravation and support the victim’s claim for compensation.
Conclusion
The law acknowledges that pre-existing conditions do not absolve negligent parties from responsibility. When another’s negligence exacerbates a prior condition, the injured party is entitled to pursue damages for the additional harm caused. A well-supported case that clearly differentiates between the original condition and the aggravated injury is essential in securing fair compensation.
