Personal injury cases are often complex, especially when pre‐existing conditions are involved. If you already have a medical condition and then suffer an injury in a vehicle accident, slip & fall, or other type of accident, how does that affect your ability to seek compensation? How are you able to receive health coverage, recover for lost wages, medical bills, pain and suffering, and more?
In Tennessee, the laws say that having a pre-existing condition does not stop a claim. However, rules exist to ensure that everyone receives fair treatment.
Key Takeaways
- Yes, you can still recover compensation even with a pre-existing condition. Under Tennessee’s “eggshell plaintiff” doctrine, the at-fault party must take you as they find you. If an accident worsens an existing medical condition, you can pursue damages for that aggravation.
- You must prove aggravation, not just existence. To recover in personal injury cases involving pre-existing conditions, you must show: (1) the condition existed before the accident, (2) the accident worsened it, and (3) medical causation links the worsening directly to the incident.
- Medical evidence is critical. Strong claims rely on medical records, diagnostic imaging (MRIs, X-rays, scans), and expert testimony to demonstrate measurable changes after the accident. Without this documentation, courts may deny compensation for aggravated injuries.
- Insurance companies often challenge these claims. Adjusters may argue your injuries were solely caused by existing conditions or would have progressed anyway. Proper documentation and legal representation are key to countering these tactics.
- An experienced Tennessee personal injury lawyer strengthens your case. Skilled attorneys help prove aggravation, negotiate with insurance companies, and pursue compensation for medical bills, lost wages, pain and suffering, and other damages.
Understanding Pre-Existing Conditions
What Is a Pre‑Existing Condition?
A pre-existing condition is any health issue, injury, illness, or disability that was present before the recent incident. This incident is the reason for a personal injury claim. Examples include arthritis, previous surgeries, or chronic pain conditions. It might be something you were aware of (documented in medical records) or something ongoing for some time.
Common Types of Pre‑Existing Conditions
- Chronic health issues like arthritis, diabetes, or fibromyalgia
- Degenerative conditions (e.g. disc disease in the spine
- Prior injuries (old fractures, past vehicular accident damage)
- Mental health conditions that may be aggravated by stress or subsequent injury
You should know your condition, when it started, how doctors treated it, and how stable it is. This information is critical in a personal injury lawsuit in Tennessee.
How Personal Injury Laws in Tennessee View Pre‑Existing Conditions
The “Eggshell Plaintiff” Doctrine
Tennessee law recognizes the “eggshell plaintiff” doctrine (sometimes called the “thin skull rule”). This legal principle holds that a defendant must take the plaintiff as they find them. This means if someone had a condition that made them more vulnerable, the at‐fault party is still liable for all damages. This is true even if those damages are worse than what a “healthy” person would suffer.
Proving the Aggravation of an Existing Condition
It’s not enough to simply have a pre‑existing condition. If you want to recover damages for the worsening of that condition because of someone else’s negligence, you must prove:
- The condition existed before the accident.
- The accident aggravated or worsened the condition (i.e. made it more painful, disabling, or in need of additional treatment).
- Causation. The worsening of the condition must be connected to the accident. Often, this requires medical expert testimony.
Challenges in Personal Injury Cases Involving Pre‑Existing Conditions
Dealing with Insurance Companies
Insurance plans and adjusters often try to reduce payouts. They argue that the pre-existing condition solely caused the injuries or that the accident did not worsen them. They may also contend that there is no anatomical change or that the condition would have progressed regardless.
Role of Medical Records and Expert Testimony
- Medical Records: Showing how the condition was before the accident (symptoms, treatments, level of function) and what changed afterward.
- Diagnostic Tests & Imaging: MRIs, x‑rays, scans to document objective evidence of change.
- Expert Testimony: Medical professionals must often testify that, within reasonable medical certainty, the accident aggravated the pre‑existing condition. Without this, courts may rule that damages for aggravation are not recoverable.
These elements help counter common defense arguments and strengthen your personal injury claim.
What You Can Do to Strengthen Your Claim
Hire an Experienced Personal Injury Lawyer
Working with personal injury attorneys who know personal injury laws in Tennessee is important. They understand how to prove aggravation and how to deal with insurance adjusters. These attorneys can help value lost wages, medical bills, pain, suffering, and more.
Document Everything Before and After the Injury
- Keep detailed records of how your pre‑existing condition affected you before the accident (doctor visits, medications, activity limitations).
- Track all new or worsened symptoms after the incident.
- Save every medical bill, test result, treatment plan.
- Note how your daily life, work, and health have changed (loss of mobility, inability to perform tasks, pain, emotional distress).
These records help show what parts of your injury claim are because of the accident vs. the existing condition.
Be Honest About Your Medical History
When filling out insurance forms, giving deposition testimony, or working with your lawyer, be honest about all past medical issues. Omitting or hiding information can backfire. Defendants and insurance companies will almost always investigate. Full disclosure helps maintain credibility.
Get the Help You Deserve
If you have suffered an injury and you have a pre‑existing condition, you deserve full and fair compensation. Alders & Lewellyn is here to help you navigate these injury cases.
Our attorneys know how to handle the challenges that come with pre‑existing medical conditions. We’ll help you build the strongest case possible, presenting your medical evidence, and handling negotiations with insurance. We’ll ensure you receive compensation for medical bills, lost wages, and everything else you’ve endured.
Conclusion
Pre‑existing conditions don’t disqualify you from pursuing a personal injury lawsuit in Tennessee. The law’s “eggshell plaintiff” doctrine ensures that if the accident caused an aggravation of your condition, you should be able to recover for all damages the accident caused. It might be tough to prove, but with a good legal team, people in injury cases can get the compensation they deserve.
If you’re facing a personal injury claim involving pre‑existing conditions, contact Alders & Lewellyn today. Let us help you protect your rights and seek the compensation and health coverage you deserve.
