When you’ve been injured in an accident, one of the most common concerns people have is whether a pre-existing medical condition will hurt their chances of receiving fair compensation. Insurance companies often attempt to use such conditions against victims, claiming the injury wasn’t “new” or that the accident didn’t worsen it. However, Connecticut law provides important protections for injured people—even those who were not in perfect health before the incident.
This article breaks down how pre-existing conditions are treated in Connecticut personal injury cases, how victims can protect their rights, and what evidence is needed to build a strong claim.
Understanding How Pre-Existing Conditions Affect a Connecticut Personal Injury Claim
A pre-existing condition is any medical problem or injury that existed before the accident. Examples include:
- Chronic back pain or disc herniation
- Arthritis
- Prior concussions
- Old fractures or surgeries
- Psychological conditions like PTSD or anxiety
In Connecticut, having a pre-existing condition does not automatically disqualify you from recovering compensation. The key legal issue is whether the accident aggravated or worsened that condition. Under Connecticut law, if a negligent party’s actions made your pre-existing condition worse, they may still be liable for the aggravation of your injury—not just for the new harm caused.
In practice, this means that insurance adjusters and juries must distinguish between your health before the accident and your condition after it. That distinction can have a major impact on the value of your claim.
The “Eggshell Plaintiff” Rule in Connecticut
Connecticut follows what’s known as the eggshell plaintiff rule, a long-standing legal principle that protects injured victims who are more vulnerable to harm. The concept is simple: a defendant must take the plaintiff as they find them.
This means if you have a pre-existing medical issue that makes you more susceptible to injury, the at-fault party cannot avoid liability simply because someone else might have suffered less harm under the same circumstances.
For example, if a car accident causes a serious neck injury to someone with pre-existing cervical issues, the negligent driver is still responsible for the full extent of the damage—even if a healthy person might have recovered more quickly.
Connecticut courts have repeatedly upheld this doctrine, reinforcing that justice requires each victim to be compensated based on their actual suffering, not an “average” person’s condition.
Key Connecticut Laws That Influence Personal Injury Claims
Several state laws determine how pre-existing conditions interact with compensation rights:
Comparative Negligence – Connecticut General Statutes §52-572h
Connecticut’s comparative negligence rule allows injured victims to recover damages even if they are partially at fault for an accident, as long as they are not more than 50% responsible. While this law doesn’t directly reference pre-existing conditions, insurers often use both issues together—arguing that your prior condition or actions contributed to the injury. A skilled attorney can counter these arguments by presenting clear medical evidence showing aggravation rather than cause.
Duty of Care and Causation Principles
To win a personal injury case, plaintiffs must prove that the defendant owed a duty of care, breached it, and that this breach caused the injury. Pre-existing conditions make the causation element more complex because medical experts must isolate what portion of the injury stems from the new event. However, aggravation of a prior condition still satisfies the legal requirement for causation under Connecticut law.
Proving That an Accident Worsened a Pre-Existing Condition
The success of your claim often depends on the strength of your medical documentation. Insurance companies will request prior records and attempt to minimize your claim by arguing the pain or symptoms are unrelated to the accident. To combat this, your attorney will typically:
Gather prior medical records to show your health baseline.
Obtain expert medical opinions explaining how the accident worsened your condition.
Use imaging or diagnostic comparisons (such as MRIs before and after) to demonstrate change.
Collect witness statements confirming differences in your physical capabilities before and after the event.
By presenting a detailed medical timeline, your legal team can clearly prove that the accident—not your past condition—is responsible for your current suffering.
Common Pre-Existing Conditions in Connecticut Personal Injury Cases
Certain health issues frequently come up in Connecticut injury claims because they are easy for insurers to challenge. These include:
- Degenerative joint or disc disease often mistaken as unrelated to the accident.
- Old fractures or surgeries that were previously healed but re-injured.
- Arthritis and chronic pain that worsened due to trauma.
- Mental health conditions such as depression or anxiety intensified by post-accident stress.
In practice, Connecticut courts recognize that people rarely live without any prior medical issues. The goal is not to deny claims based on imperfect health, but to fairly measure how much the incident changed your condition.
What Insurance Companies Commonly Argue—and How to Counter It
When a pre-existing condition is involved, insurers often use several strategies to minimize or deny compensation. They may argue that the injury was entirely unrelated to the accident, that the claimant failed to disclose the condition earlier and therefore lacks credibility, or that the reported symptoms are subjective or exaggerated. A skilled personal injury attorney can counter these tactics by presenting thorough medical records, testimony from treating physicians, and opinions from independent experts who can link the aggravation directly to the incident. In some cases, vocational experts are also brought in to demonstrate how the worsening of a pre-existing condition impacts a person’s ability to work or carry out everyday activities, strengthening the overall claim for damages
Evidence That Strengthens Your Case
The following forms of evidence are often the most persuasive in Connecticut courts and settlement negotiations:
- Medical imaging and diagnostic tests
- Physician statements comparing pre- and post-accident conditions
- Physical therapy or pain management records
- Testimony from family or coworkers describing functional decline
- Expert analysis linking the trauma to symptom escalation
Together, these elements can demonstrate that the accident directly worsened your physical or emotional state.
Example Aggravation of a Back Injury in a Connecticut Car Accident
Consider a 48-year-old office worker from Hartford who had mild degenerative disc disease diagnosed years ago. After a rear-end collision on I-84, she began experiencing severe, radiating back pain that required injections and missed work time. The insurance company argued her pain was unrelated, pointing to old MRI results.
However, her attorney obtained new scans showing a new herniation at the same level and secured a medical opinion confirming the crash worsened her spinal condition. Under Connecticut’s eggshell plaintiff rule, the insurer was ultimately required to compensate her for the full extent of the aggravation, including medical expenses, lost wages, and pain and suffering.
This example shows how proper documentation and expert testimony can transform an initially weak claim into a strong case for fair compensation.
What to Do If You Have a Pre-Existing Condition and Are Injured in Connecticut
If you have a pre-existing condition, take these important steps to protect your personal injury claim:
- Seek immediate medical treatment and disclose your full medical history. Transparency helps establish credibility.
- Follow your doctor’s recommendations precisely, including therapy and follow-up appointments.
- Avoid signing insurance forms or recorded statements without legal guidance.
- Keep detailed notes about your pain levels, physical limitations, and how your daily life changed.
- Consult a personal injury attorney experienced with pre-existing condition cases before negotiating any settlement.
These actions help your lawyer build a clear and consistent medical record that shows the accident’s real impact on your health and livelihood.
Why Legal Guidance Matters in Connecticut Personal Injury Claims
Handling a personal injury claim involving a pre-existing condition requires medical and legal precision. Without skilled advocacy, insurers will often use complex medical histories to reduce or deny compensation.
A knowledgeable Connecticut personal injury lawyer will know how to obtain the right expert reports, interpret medical data, and frame the argument in a way that emphasizes aggravation rather than causation. In some cases, your attorney may use testimony from multiple specialists to connect the dots between your past health and current impairment.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you’ve been injured in Connecticut and have a pre-existing condition, don’t let insurance companies minimize your pain or dismiss your claim. Brandon J. Broderick, Attorney at Law, has extensive experience helping clients with complex personal injury cases across Connecticut.
Whether your accident aggravated an old injury or caused new complications, our attorneys fight to ensure you receive full and fair compensation for your medical bills, lost wages, and suffering. We understand how overwhelming recovery can be—and we’re here to handle the legal challenges while you focus on healing.