If you’ve suffered an injury that wasn’t your fault but already had a pre-existing health condition, you might wonder whether you can still make a successful personal injury claim.
The simple answer to this question is yes — having a pre-existing condition doesn’t automatically disqualify you from seeking compensation. Thanks to legal protections like the eggshell skull rule, you remain entitled to full compensation for your injuries. However, these cases will often be more complex and require specialist legal expertise if you wish to navigate them successfully and come out the other side with the settlement you deserve.
Understanding Pre-Existing Conditions in Personal Injury Law
A pre-existing condition refers to any medical condition, injury, or health issue that existed prior to the accident that caused your current injury. This could include anything from a previous back injury, arthritis, or herniated discs, to mental health conditions, chronic illnesses, or degenerative diseases like osteoporosis.
The key principle in UK personal injury law is that you should be compensated for the impact the accident has had on your life, taking into account what your condition was before the incident took place.
The law recognises that anybody with pre-existing conditions should be entitled to the same level of protection as anybody else. You should not be penalised simply because you were not in perfect health at the time of your accident. Whether your condition was causing you problems or you were completely symptom-free, you still have the right to claim if an accident has worsened it in any way.
The Eggshell Skull Rule in UK Law: Your Key Legal Protection
One of the most important legal principles to protect people with a pre-existing condition who are looking to make a personal injury claim is known as the “eggshell skull rule” (or “thin skull rule”). This fundamental principle of English law ensures that vulnerable individuals receive full protection under personal injury legislation.
The eggshell skull rule states that a defendant must, by law, take their victim as they find them at the time of the incident. In practical terms, this means that if somebody with a pre-existing condition is injured in any form of accident, then the person responsible cannot argue that they should pay less compensation simply because the victim was “more vulnerable to injury than they should be”.
The thin skull rule has its origins in case law, with the landmark case of Smith v Leech Brain establishing the principle that defendants cannot escape liability by arguing their victim was unusually susceptible to injury. What is the thin skull rule in practice? It means complete protection for anyone with pre-existing vulnerabilities.
For example, if somebody with osteoporosis — a health condition that weakens bones, making them fragile and more likely to break — suffers multiple fractures in a road traffic accident, even if the incident might only cause bruising to somebody without the condition, the defendant is still fully liable for all the injuries sustained. They will not just cover what a “typical” person would have suffered.
Aggravation vs Exacerbation: Understanding the Difference
When dealing with pre-existing conditions, it’s crucial to understand the distinction between aggravation and exacerbation, as this can significantly impact your claim:
- Aggravation: Occurs when an accident causes a permanent worsening of a pre-existing condition. This might mean that a condition that was stable or manageable becomes significantly worse, requiring ongoing treatment. For example, if you had mild arthritis that was manageable with occasional pain relief, but after a workplace accident it becomes severe and requires daily medication and physiotherapy.
- Exacerbation: Refers to a temporary flare-up of symptoms that eventually settle back to pre-accident levels. While this can still cause significant pain and disruption, the long-term impact may be less severe.
Acceleration is another important concept, where an accident speeds up the natural progression of a degenerative condition. For instance, if medical evidence shows your back condition would have naturally worsened over ten years, but the accident has caused it to deteriorate within two years, you can claim for an acceleration of symptoms.
All three scenarios: aggravation, exacerbation, and acceleration can form the basis of a valid personal injury claim, but the compensation awarded will reflect the extent and lasting nature of the impact on your condition.
Common Scenarios for Pre-Existing Condition Claims
Workplace Injuries with Pre-Existing Conditions
Workplace injury claims involving pre-existing conditions are particularly common. For instance, if you have a history of back problems and suffer a workplace accident that significantly worsens your condition, you may be entitled to compensation for the aggravation of your pre-existing injury.
Your employer’s insurance cannot simply dismiss your claim because you had back problems before the accident.
Road Traffic Accidents
Similarly, if you’re involved in a road traffic accident and have a pre-existing neck condition that becomes much worse following whiplash, you can claim for the additional impact the accident has had on your health and quality of life.
Many successful settlements have been achieved where car accidents have aggravated pre-existing conditions, with compensation reflecting the worsening of symptoms rather than the original condition itself.
Challenges in Pre-Existing Condition Claims
While the eggshell skull rule protects people with pre-existing conditions, these claims can present particular challenges:
- Medical Evidence: Establishing the extent to which your current symptoms are due to the accident versus your pre-existing condition requires detailed medical evidence. This often involves expert medical testimony and comprehensive records from both before and after the accident.
- Causation: You’ll need to prove that the accident caused a measurable worsening of your condition, or created new symptoms beyond what you would have experienced from your pre-existing condition alone. This can be particularly challenging when dealing with degenerative conditions that naturally worsen over time.
- Quantifying Damages: Calculating fair compensation requires careful assessment of your condition before and after the accident, which can be complex when dealing with fluctuating or progressive conditions.
- Insurance Company Tactics: Insurers often attempt to minimise payouts by arguing that symptoms are primarily due to pre-existing conditions rather than the accident. They may commission independent medical examinations with consultants of their choosing, or cherry-pick medical records to downplay the accident’s impact.
- Disclosure Requirements: You have a legal obligation to be completely honest about your pre-existing conditions. Failure to disclose relevant medical history can severely damage your claim and may even be considered fraudulent.
What Compensation Can You Claim?
If you are able to successfully demonstrate that an accident has aggravated your pre-existing condition, you may be entitled to compensation for:
- Pain and suffering caused by the worsening of your condition.
- Additional medical treatment and rehabilitation costs.
- Increased loss of earnings (if the aggravation has further limited your ability to work).
- Additional care needs and support.
- Modifications to your home or vehicle if your disability has worsened.
- Loss of amenity and the impact on your quality of life.
- Future treatment costs and ongoing care requirements.
The compensation will reflect the difference between your condition before the accident and your condition afterwards, rather than compensating for the entire disability. This is often referred to as calculating the “but for” position — what would your situation have been but for the accident?
The Importance of Expert Legal Representation
Given the complexity of personal injury claims involving pre-existing conditions, it’s essential to work with experienced solicitors who understand this area of law. Insurance companies often try to minimise payouts by arguing that injuries are primarily due to pre-existing conditions rather than the accident in question.
A skilled personal injury solicitor will:
- Gather comprehensive medical evidence to support your claim.
- Instruct appropriate medical experts to assess the impact of the accident.
- Challenge any attempts by insurers to unfairly reduce compensation.
- Ensure all aspects of your increased suffering and losses are properly valued.
It is standard practice for specialist firms to operate on a ‘No Win, No Fee’ basis, which removes the financial risk of pursuing a claim. This means you will not have to pay any legal fees if your claim is unsuccessful.
Furthermore, it is crucial to be aware of the strict three-year time limit that applies to most personal injury claims. This runs from the date of the accident or from the date you realised your pre-existing condition was significantly worsened by it.
Secure the Compensation You Deserve With WHN Solicitors
If you’ve suffered an aggravation of a pre-existing condition due to someone else’s negligence, don’t let concerns about your pre-accident health prevent you from seeking the compensation you deserve. The eggshell skull rule is designed to protect people in your situation — and with the right legal support you can achieve a successful outcome.
Considering the three year time limit in-place for personal injury claims with a pre-existing condition, it’s vital that you seek legal advice as soon as possible following your accident. Early intervention also helps preserve crucial evidence and medical records that will support your case. Understanding typical settlement timelines can help you plan effectively, as we explain in our comprehensive guide: How long does a personal injury claim take to settle in 2025?
The thin skull rule exists specifically to ensure that those with pre-existing vulnerabilities receive the same protection under the law as everyone else. Understanding your rights under this principle can make the difference between accepting inadequate compensation and securing the full settlement you deserve.
Don’t let a pre-existing condition prevent you from claiming the compensation you’re entitled to — with expert legal guidance, you can navigate these complex claims successfully and secure the support you need for your recovery.
To discuss any matters regarding personal injury, with a pre-existing condition or not, contact a specialist personal injury solicitor immediately. The expert team at WHN Solicitors is here to help. Contact Katie Wright at 01200 408303 or email katie.wright@whnsolicitors.co.uk to find out more.
