By: Adam Smestad, Black Blink & Associates, 719-694-0578
What if you were injured in an accident, but you already had a pre-existing injury? Does that mean you don’t have a valid personal injury case?
No.
Having a pre-existing injury or medical condition does not automatically prevent you from recovering compensation after a Colorado car accident, slip and fall, or other injury.
In fact, Colorado law specifically addresses this situation.
What Is a Pre-Existing Condition?
A pre-existing condition is simply an injury, illness, or medical condition that existed before the accident.
Common examples include:
- Prior neck or back injuries;
- Arthritis or degenerative changes;
- Previous surgeries;
- Herniated or bulging discs;
- Old knee or shoulder injuries; or
- Chronic pain.
The important question is not whether you were perfectly healthy before the accident.
The question is: “Did this accident make your condition worse?”
Colorado Law Allows Recovery for Aggravated Injuries
Colorado law recognizes a person’s right to recover damages when another person’s negligence aggravates a pre-existing condition.
Colorado’s civil jury instructions specifically tell juries how to evaluate damages when a defendant’s negligence makes an existing condition worse. CJI-Civ. 6:8.
Colorado courts have recognized this rule for decades.
In Newbury v. Vogel, 379 P.2d 811 (Colo. 1963), the Colorado Supreme Court addressed a plaintiff whose pre-existing arthritis was aggravated by an accident.
The court recognized that the plaintiff could recover damages caused by the aggravation of that condition.
Similarly, in Brittis v. Freemon, 527 P.2d 1175 (Colo. App. 1974), the court explained that a negligent defendant generally takes an injured person as they find them.
What Is the “Eggshell Plaintiff” Rule?
Colorado also recognizes what lawyers sometimes call the “eggshell plaintiff” or “thin skull” rule.
The idea is simple:
Someone who negligently injures you doesn’t get a discount simply because you were more susceptible to injury than the average person.
The Colorado Supreme Court explained this principle in Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992).
As the Colorado Supreme Court has also put it: A defendant must take the victim as the defendant finds them. See Stephens v. Koch, 561 P.2d 333 (Colo. 1977).
So, if an accident causes an otherwise asymptomatic condition to become painful, the existence of that condition before the accident does not necessarily prevent recovery.
What If I Was Already Having Pain?
That doesn’t necessarily eliminate your claim either.
Suppose you already had occasional back pain.
After a car accident, that occasional discomfort becomes constant pain requiring physical therapy, injections, or surgery.
You cannot recover damages simply because your back hurt before the accident.
But you may recover for the additional harm caused by the accident.
Colorado courts distinguish between a dormant condition made symptomatic by an accident and an already symptomatic condition that is made worse. McLaughlin v. BNSF Railway Co., 2012 COA 92, 300 P.3d 925.
And where a pre-existing condition and accident-related aggravation cannot reasonably be separated, Colorado law may permit the defendant to be held responsible for the entire resulting harm. Newbury v. Vogel, 379 P.2d 811 (Colo. 1963).
Be Honest About Your Medical History
Trying to hide an old injury is usually a mistake.
Insurance companies routinely obtain prior medical records.
If you previously treated for the same body part, assume the insurance company will eventually find out.
Tell your attorney.
Tell your doctors.
The better approach is often to show exactly what changed.
Maybe you had occasional pain before but now experience it every day.
Maybe you hadn’t needed treatment in five years.
Maybe you could work, exercise, ski, or play with your children before the accident and now you can’t.
Those details matter.
The Bottom Line
You do not have to be perfectly healthy to have a personal injury case in Colorado.
A negligent person takes you as they find you.
If an accident aggravates an existing injury, makes an asymptomatic condition painful, or causes significantly greater limitations than you had before, Colorado law may allow you to recover compensation for that additional harm.
Don’t reject your own case simply because you have an old injury in your medical records.
An experienced Colorado personal injury attorney can compare your medical history before and after the accident and determine whether someone else’s negligence made your condition worse.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-694-0578 now for a free consultation.
Sources
- CJI-Civ. 6:8 – Aggravation of Preexisting Condition – Addresses damages when a defendant’s negligence aggravates an existing injury or medical condition.
- CJI-Civ. 6:7 – Particular Susceptibility or “Thin Skull” Plaintiff – Addresses situations in which a plaintiff’s physical condition makes the resulting injury greater than might otherwise have occurred.
- Newbury v. Vogel, 379 P.2d 811 (Colo. 1963) – Recognizing recovery for aggravation of a pre-existing condition and addressing damages when pre-existing and accident-related harm cannot reasonably be apportioned.
- Brittis v. Freemon, 527 P.2d 1175 (Colo. App. 1974) – Addressing aggravation of pre-existing conditions and allocation of resulting damages.
- Stephens v. Koch, 561 P.2d 333 (Colo. 1977) – Recognizing the principle that a defendant takes the injured person as the defendant finds them.
- Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992) – Colorado Supreme Court decision explaining the “thin skull” or “eggshell plaintiff” doctrine.
- McLaughlin v. BNSF Railway Co., 2012 COA 92, 300 P.3d 925 – Explaining the distinction between aggravation of a symptomatic pre-existing condition and the eggshell-plaintiff doctrine.