Worried that an old injury or medical condition will sink your case? It won’t.
Illinois law is clear here. A pre-existing condition doesn’t bar you from recovering. And if a crash made that condition worse, the law lets you recover for that too. Our attorneys explain below, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say About Pre-Existing Conditions
Stephen D. Phillips — Senior Attorney
Stephen D. Phillips explains why a prior injury or illness doesn’t stop you from bringing a claim in Illinois.
Stephen J. Phillips
“Illinois law says the plaintiff is taken as they come. Even if you have a pre-existing condition or medical issue, that’s absolutely okay. We have what’s called the eggshell plaintiff theory in Illinois. What that means is, even if somebody had a medical condition before a car crash, if your symptoms or your injury were made worse by that crash, it’s recoverable as an item of damage under Illinois law. A pre-existing condition is not a bar to a lawsuit like this.”
Terrence M. Quinn
Terrence M. Quinn walks through how a pre-existing condition affects what you can recover.
The “Eggshell Plaintiff” Rule, Explained
The name is old. The idea is simple: the law takes you as you are.
Say you were more fragile than the average person, maybe a bad back or an old knee that never fully healed. The driver who hurt you doesn’t get a discount for that. They’re on the hook for the full harm they caused, even if a healthier person would have walked away fine.
When a Crash Makes an Old Injury Worse
This is where most pre-existing-condition claims actually live.
You don’t have to be hurt for the first time to recover. If a wreck aggravated something you already had, turning a manageable back problem into surgery, that aggravation is your compensable injury. The catch is proving the difference between before and after.
How Insurance Companies Use Your History Against You
Expect the insurer to dig through your medical records. They want to pin your pain on the old condition and argue the crash changed nothing.
That’s why the medical evidence carries so much weight, records that show how you were doing before and how the crash changed things. Our Chicago car accident lawyers know how to draw that line so the insurer can’t blur it.
It Comes Up in More Than Car Crashes
Pre-existing conditions are a common fight in medical malpractice cases too. There, the defense often blames your earlier health problems instead of the doctor’s mistake. The eggshell rule still protects you: a provider who makes an existing condition worse is responsible for that harm.
Talk to a Chicago Personal Injury Lawyer
A pre-existing condition doesn’t end your case. Sometimes it is the case. If you’re not sure where you stand, ask us.
Call (312) 346-4262. The first consultation is free, and you pay nothing unless we win. Learn more on our Chicago personal injury page.
Frequently Asked Questions
Can I still file a claim if I had a pre-existing injury?
Yes. Under Illinois’ eggshell plaintiff rule, a prior injury or condition does not block you from recovering for harm someone else caused.
What if the accident made my old condition worse?
That aggravation is compensable. You can recover for how much the crash worsened your condition, even if you were already dealing with it.
Will the insurance company use my medical history against me?
Usually, yes. Expect them to point at your records and blame the old condition. Strong before-and-after medical evidence is how you answer that.
