Insurers love to blame a claimant's injuries on a pre-existing condition. Tennessee law, however, does not let them off the hook so easily.
The Eggshell Plaintiff Rule
Under the long-standing eggshell plaintiff principle, a wrongdoer takes the victim as they find them. If a negligent party aggravates a pre-existing condition, they are responsible for that aggravation, even if a healthier person would have been hurt less.
Aggravation Is Compensable
You can recover for the worsening of a prior condition caused by the accident. The key is distinguishing your baseline before the crash from your condition afterward, which medical records help establish.
Why Insurers Raise It
Blaming a pre-existing condition is a common tactic to minimize payouts. Clear medical documentation and, where needed, expert testimony counter this strategy.
Don't Be Discouraged
A prior injury does not disqualify you from recovering. If an accident made your condition worse, you may have a valid claim worth pursuing.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney.