What if I had pre-existing medical conditions before my personal injury case?
Stephen J. Phillips: A pre-existing condition is not a bar to a lawsuit. Under Illinois’ eggshell plaintiff rule, you can recover when a car crash made an existing condition or injury worse.
Attorney Stephen J. Phillips · Personal Injury · 51-second answer
Transcript
Automatically transcribed from the video’s audio and lightly edited.
Illinois law says that the plaintiff is taken as they come, and even if you have a pre-existing condition or pre-existing medical issue, that’s absolutely okay. We have what’s called the eggshell plaintiff theory in Illinois, and what that means is that even if somebody was injured or somebody had a medical condition prior to a car crash, it’s okay. If your symptoms or your injury were exacerbated by the car crash, that is certainly something that is recoverable and is an item of damage under Illinois law. So the fact that somebody had a pre-existing medical condition is absolutely not a bar to a lawsuit like this.
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- Read: pre-existing conditions and your injury case
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