Insurance companies love to point to prior injuries as a reason to deny or dramatically reduce your claim. But California law protects you with a powerful legal doctrine: the eggshell plaintiff rule. Here's what you need to know.
The Eggshell Plaintiff Rule Explained
Under California law, a negligent defendant "takes the plaintiff as they find them." If you had a vulnerable back, degenerative disc disease, or a prior injury that was aggravated by the accident, the at-fault driver is still fully liable for the harm their negligence caused — even if a healthier person would have walked away uninjured.
The rule is named after the metaphor: if you accidentally drop a box on someone with an eggshell skull, you can't avoid liability by pointing out that a normal person would have survived. You take your victim as you find them.
Aggravation vs. New Injury
California law distinguishes between two scenarios:
- Aggravation of pre-existing condition: The accident made an existing injury worse. You can recover for the aggravation — i.e., the difference between your pre-accident condition and your post-accident condition.
- New injury to a vulnerable area: The accident caused a new injury in a location that was already compromised. You may recover for the full new injury.
The key is establishing a clear before vs. after picture, supported by medical records, imaging, and treating physician testimony.
How Insurers Attack Pre-Existing Condition Claims
Defense attorneys and insurance companies use several tactics:
- Pulling your entire medical history going back decades, looking for anything to attribute your symptoms to
- Hiring a defense medical expert to testify that your symptoms are "entirely pre-existing"
- Comparing pre-accident MRI/X-ray findings to post-accident imaging to minimize visible changes
- Arguing that your current treatment would have been necessary regardless of the accident
Never minimize your prior conditions when speaking with the insurance adjuster. They will use anything you say to argue the accident didn't cause your injuries. Let your attorney handle all communications.
How to Protect Your Claim
Be Honest With Your Doctors
Tell your treating physicians exactly what you experienced before and after the accident. Gaps or inconsistencies between what you tell your doctors and what appears in your medical history will be exploited by the defense.
Get Baseline Documentation Early
As soon as possible after the accident, have your doctor document: (1) your pre-accident functional status, (2) what changed after the accident, and (3) the nature and extent of the aggravation.
Retain Expert Medical Witnesses
A physician who can clearly articulate how the accident aggravated your condition — and distinguish between pre-existing symptoms and new post-accident symptoms — is essential in contested cases.
Real Example: Degenerative Disc Disease
Degenerative disc disease (DDD) is extremely common. An insurance company will often pull an MRI showing pre-existing disc bulges and claim your back pain has "nothing to do with the accident." But if you were asymptomatic before the crash and now have constant radiating pain, that's a valid claim for aggravation — regardless of the underlying DDD.
Insurance companies exploit prior injuries to deny valid claims. Attorney Mark Gonzales knows how to counter these tactics. Free consultation, no fee unless we win.
📞 Call 909-587-6336