If you had a prior injury or condition, you may worry that it will sink your claim. In fact, Iowa law protects injured people whose pre-existing conditions are aggravated by an accident through what is known as the eggshell plaintiff rule.
The Eggshell Plaintiff Rule
Iowa follows the principle that a negligent party takes the victim as they find them. If a crash aggravates a pre-existing condition or causes greater harm because of your particular vulnerability, the at-fault party is responsible for the full extent of the worsening.
How Insurers Misuse Prior Conditions
Adjusters often argue that your pain is just your old condition, not the crash. Clear medical documentation distinguishing your baseline from the aggravation is key to defeating this tactic.
Protecting Your Claim
Be honest about your medical history and work with providers who document how the accident changed your condition. An attorney can present this evidence to secure compensation for the aggravation.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Iowa attorney.