When a loved one dies due to another party’s negligence, the impact on their family is devastating. In filing a wrongful death claim, families can seek compensation and hold those responsible accountable. But what happens when the person who passed away had a pre-existing medical condition? Does that complicate the case—or worse, make it impossible to recover damages?

This is a concern many families have. Insurance companies will sometimes argue that the deceased person’s health problems caused their death, rather than the defendant’s actions. But under the law, that argument doesn't necessarily hold up. In fact, courts consider the full picture—and a pre-existing condition doesn’t automatically defeat a claim.

Understanding how pre-existing conditions affect wrongful death cases, what laws impact liability, and what families can do to protect their right to seek justice is important.

Understanding Wrongful Death Claims

A wrongful death claim can be filed when someone dies as a result of another person’s or entity’s negligent, reckless, or intentional actions. These claims are civil in nature and seek compensation for losses such as:

  • Medical expenses prior to death
  • Funeral and burial costs
  • Lost future income and benefits
  • Loss of companionship and emotional support

In Connecticut, for example, wrongful death claims are governed by Connecticut General Statutes § 52-555, which allows the executor or administrator of the deceased's estate to bring a claim on behalf of the surviving family.

The Role of Pre-Existing Conditions in Wrongful Death Claims

A pre-existing medical condition is any health issue or illness the deceased had before the fatal incident occurred. This might include chronic conditions like heart disease, diabetes, or high blood pressure—or more serious diagnoses like cancer.

The presence of such a condition does not mean the defendant is off the hook. If the defendant’s actions contributed to or accelerated the death in any way, they can still be held legally responsible.

The “Eggshell Plaintiff” Doctrine

One of the most important legal principles in wrongful death cases is known as the “eggshell plaintiff” rule. This rule says that a defendant must take the victim as they find them. In other words, even if a person was more vulnerable due to a medical condition, the defendant is still liable for the harm caused.

For example, if someone with a heart condition dies in a car accident caused by a reckless driver, the driver can still be held responsible—even if a healthy person might have survived the crash.

Proving Wrongful Death Causation with a Pre-Existing Condition

One of the biggest challenges in wrongful death cases is proving causation—linking the defendant’s actions to the death. Insurance companies may argue that the pre-existing condition alone caused the death, not the event or injury in question.

To overcome this, attorneys often rely on:

  • Medical records to show how the condition was managed before the incident
  • Expert testimony from doctors who can explain how the incident contributed to the death
  • Autopsy reports that detail the physical cause of death

Even if the condition played a role, the law allows families to pursue compensation if the wrongful act significantly contributed to the outcome.

Damages in Wrongful Death Cases with Pre-Existing Conditions

In wrongful death cases, damages are not reduced simply because the deceased had an underlying health condition. However, the condition may influence how compensation is calculated.

For instance:

  • If the person had a limited life expectancy due to illness, the projected lost income might be lower
  • The value of future care or services they would have provided to family members may be reduced

That said, courts still recognize the emotional and financial loss to surviving loved ones, and awards can remain substantial even in these scenarios.

Avoiding Common Mistakes

Families sometimes hesitate to pursue a claim if they think the pre-existing condition will prevent success. But failing to act can result in:

  • Loss of key evidence over time
  • Missed deadlines under the statute of limitations (in many states, two years from the date of death)
  • Letting the at-fault party avoid accountability

Even if the medical history is complex, an experienced wrongful death attorney can evaluate the circumstances and help determine if you have a viable case.

Call Brandon J. Broderick For Legal Help

At Brandon J. Broderick, Attorney at Law, we understand that every wrongful death case is deeply personal. If your loved one had a pre-existing condition, you still deserve answers—and potentially, compensation.

Our team works with medical experts and investigators to build strong cases, even in the face of tough arguments from insurance companies. We’re here to help you understand your rights, review your options, and take action with confidence.

If you're unsure whether you have a case, don’t wait. Contact us today for a free consultation and let us help you find the path forward.


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