It is extremely painful to lose a loved one due to another's negligence. That grief is often compounded by confusion and anger when the at-fault party's insurance company suggests their responsibility is somehow lessened because your loved one had a pre-existing condition.

In the state of New York, the law has a clear and established way of handling this situation. While a pre-existing medical condition can make a wrongful death lawsuit more complex, it absolutely does not automatically disqualify the surviving family from seeking justice. The defendant's negligence does not have to be the only cause of death, but it must be a substantial factor.

This article will explain how New York's legal system addresses pre-existing conditions in wrongful death cases, from the core legal principles to the practical arguments you will likely face.

The Foundation: What Is a New York Wrongful Death Claim?

Before examining the impact of a pre-existing condition, it is essential to know what a wrongful death claim entails under New York law. Unlike in many other states, a wrongful death action in New York is designed to compensate the surviving family members (known as "distributees") for their specific financial losses.

This claim does not pertain to the family's sorrow or emotional distress. Instead, it is a statutory action governed by the New York Estates, Powers & Trusts Law (EPTL). The personal representative of the decedent's estate files the lawsuit on behalf of the survivors to recover "pecuniary injuries," which include:

• Loss of Financial Support: The income the decedent would have provided to the family.
• Loss of Services: The value of the services the decedent provided, such as childcare, home maintenance, cooking, and guidance.
• Loss of Potential Inheritance: The amount the decedent would have likely saved and left to their family as an inheritance.
• Medical Expenses: The costs of medical care for the injuries that ultimately led to the death.
• Funeral and Burial Costs: The reasonable expenses for the decedent's funeral and burial.

It is a common misconception that a separate "survivorship action" can be filed. This related but distinct claim seeks to recover damages for the pain and suffering the decedent themselves experienced between the time of the negligent act and their death. Both types of claims are often pursued together, and a pre-existing condition can affect each one differently.

The 'Eggshell Skull' Rule: Taking the Victim as They Are

The most important legal concept in these cases is the "eggshell skull" rule (also known as the "thin skull" rule). This principle is a cornerstone of New York tort law.

In simple terms, the rule states: A defendant must take their victim as they find them.

If a person's negligent act (like running a red light) causes harm, they are responsible for the full extent of that harm, even if the victim was unusually fragile or susceptible to injury. The defendant cannot use the victim's frailty as a defense.

Here is a practical example:

• A healthy 40-year-old and a 40-year-old with a severe heart condition are both rear-ended in a minor car accident.
• The healthy person suffers minor whiplash.
• The person with the heart condition is so startled by the impact that they suffer a fatal heart attack.

The negligent driver cannot argue, "A normal person would have just had whiplash." The driver's negligence was a substantial factor in causing the death. Under the eggshell skull rule, the driver is liable for the death, not just the minor property damage or whiplash.

This rule establishes that the defendant can be held liable for the death. However, the pre-existing condition still plays a significant role in the next phase: calculating the value of the wrongful death claim.

The Two-Front Battle: How Pre-Existing Conditions Affect Liability and Damages

In a New York wrongful death lawsuit, the pre-existing condition creates a two-part challenge. First, your attorney must prove the defendant is liable for the death. Second, they must prove the full value of your family's financial loss, even with the prior health issues.

Part 1: Proving Causation and Liability

The defense will not just accept liability. Their primary argument will be that the pre-existing condition—not their client's negligence—was the true cause of death.

To succeed, your wrongful death attorney must prove that the defendant's negligence was a "substantial factor" in bringing about the death. The negligence does not have to be the only cause or even the primary cause. It just needs to have played a meaningful role.

We accomplish this by showing how the negligent act:

• Aggravated the condition (e.g., a fall caused a dormant cancer to spread).
• Accelerated the death (e.g., a person with COPD had 10 years left, but a post-surgical infection from medical malpractice caused them to die in one year).
• "Lit up a latent condition” (e.g., a person was genetically predisposed to a condition, but the trauma of an accident triggered its onset).

This part of the case is a battle of medical experts. The defense will hire doctors to testify that the death was inevitable and the accident was irrelevant. Your attorney must counter such experts by retaining respected medical specialists who can review the records and draw a clear, compelling line from the defendant's action to your loved one's passing.

Part 2: Calculating Damages in a Wrongful Death Lawsuit

This is where pre-existing conditions have their most significant impact on a New York wrongful death lawsuit.

Remember, damages are based on the family's financial losses. The defense will use the pre-existing condition to argue that those financial losses are minimal.

Their arguments will sound like this:

• Reduced Life Expectancy: They will argue the decedent's illness meant they only had a short time to live anyway. Therefore, the family only lost a few years of income or services, not decades.
• Reduced Earning Capacity: They will claim the pre-existing condition limited the decedent's ability to work or advance in their career, meaning their future income potential was low.
• Increased Medical Costs: They may even argue that the decedent's ongoing medical care for their condition would have consumed most of their income, leaving little left to support the family.

This is where a skilled wrongful death attorney's work is most valuable. It is not enough to just say, "They were sick." We must paint a complete picture of the person.

We counter these arguments by building a case that focuses on the whole person, not just their medical chart. This involves gathering evidence to show:

• Disease Management: The decedent was actively managing their condition, following doctor's orders, and was otherwise stable.
• Productivity: The decedent had a strong work history and was a valued employee, with evidence of positive performance reviews or planned promotions.
• Vitality: Testimony from family, friends, and colleagues can establish that the decedent lived a full, active life and was not defined or severely limited by their condition.
• Expert Projections: We use forensic economists and vocational experts to project a realistic work-life and life expectancy based on the individual's specific circumstances, not just a generic mortality table for their disease.

For example, a person with well-managed Type 2 diabetes may have a near-normal life expectancy. We would use expert testimony to prove this, completely dismantling the defense's claim that their life was almost over.

Common Defense Strategies to Anticipate

When you are pursuing a wrongful death claim involving a pre-existing condition, you can expect the insurance company's lawyers to be aggressive. They have a playbook of common tactics:

1. The "Inevitable Death" Argument: As discussed, they will claim the death was a foregone conclusion and their client's negligence was just a coincidence.
2. The "House of Cards" Defense: This argument suggests the person was so fragile that anything could have caused their death, so the defendant should not be held responsible for being the one to "tip them over." The eggshell skull rule directly refutes this.
3. The "Blame the Victim" Tactic: The defense may dig through medical records to find any instance of non-compliance. They might say, "The decedent didn't take their medication properly," or "They missed a doctor's appointment." They use such allegations to argue the decedent was contributorily negligent for their death.
4. The "Floodgates" of Medical Records: The defense will subpoena every medical record from your loved one's entire life. They are not just searching for information on the known pre-existing condition; they are on a fishing expedition for anything they can use—a note about smoking, a mention of depression, or a past injury—to devalue the case.

A seasoned wrongful death lawyer in NY has seen all of these scenarios before. They will protect their clients by fighting to limit these subpoenas to relevant information and by preparing to refute these arguments with facts, expert testimony, and a compelling narrative about the decedent's true quality of life.

Why a New York Wrongful Death Attorney Is Not Optional

You cannot fight this battle alone. Cases involving pre-existing conditions are among the most complex in personal injury and wrongful death law. The insurance companies have teams of lawyers and medical experts dedicated to minimizing their payout.

You need an advocate who can:

• Hire the Right Experts: An attorney will have a network of credible, board-certified medical experts, forensic economists, and vocational specialists who can analyze the case and provide powerful testimony.
• Navigate the Two-Track Claim: An attorney will properly file both the wrongful death action (for financial loss) and the survivorship action (for pre-death pain and suffering) to maximize the total possible recovery.
• Protect Your Family's Privacy: An attorney will fight back against overly broad and invasive discovery requests from the defense, protecting your loved one's dignity.
• Build the Full Story: An attorney will go beyond the medical charts to gather the evidence—from tax returns and employment records to family photos and videos—that show who your loved one was and the true value of what your family has lost.

A pre-existing condition does not provide anyone a license to be negligent. It does not make a life less valuable. In New York, the law protects the vulnerable, and a skilled attorney can ensure the law works for you.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Do not accept the assessment of an insurance adjuster who is attempting to blame a pre-existing condition for your loss while your family is grieving. You have legal options and are entitled to your rights.

The legal team at Brandon J. Broderick, Attorney at Law, has extensive experience handling complex wrongful death lawsuits across the state of New York. We understand the "eggshell skull" rule and know how to build a powerful, evidence-based case to counter the insurance company's tactics. Our commitment lies in holding negligent parties accountable and fighting for the financial security your family deserves.

Your consultation is free and confidential, and there is no obligation. Contact us today, and let us help you find the path to justice. We are available around the clock to assist you during this very difficult time.