Slip and fall accident claims can be especially hard to pursue, especially when a prior injury is involved. Although some people assume that a past condition weakens a claim, the law often considers how an incident worsens existing health issues. As a result, aggravation of a prior condition sometimes plays a significant role in recovery and financial outcomes.

What Is a Pre-Existing Condition?

A “pre-existing condition” refers to “any injury or health issue that existed before a slip and fall incident.” While this may include chronic pain, prior fractures, or joint problems, it can also involve conditions that were stable before the fall. Because these conditions vary widely, their role in a claim must be carefully analyzed.

How Can a Pre-Existing Condition Affect a Slip and Fall Claim?

A pre-existing condition may influence how the new injuries are evaluated. While insurance companies may argue that symptoms existed before the fall, the law generally allows recovery if the incident made the condition worse. As a result, the focus often shifts to how the fall changed the person’s health.

What Is the Eggshell Plaintiff Rule?

The “eggshell plaintiff rule” states that “a person must be taken as they are at the time of the incident, even if they are more vulnerable to injury.” While a minor fall may not harm a healthy individual, it can cause serious damage to someone with a prior condition like severe arthritis. Because of this rule, liability can still apply when injuries are more severe due to existing health issues.

How Do Courts Distinguish Between Old and New Injuries?

Courts review medical records, treatment history, and expert opinions to separate prior conditions from new harm. While past records may show earlier symptoms, current evaluations focus on changes after the fall. As doctors compare before and after conditions, they can identify whether the incident caused a new injury or worsened an existing one.

Why Is Medical Documentation Important?

“Medical documentation” plays a key role, because it shows the condition of a person before and after the incident. While older records provide a baseline, updated reports reflect any changes caused by the fall. As consistent documentation builds a timeline, it helps clarify how the injury developed and whether it is related to the incident.

Can Compensation Include Aggravation of a Condition?

In some cases, yes, because the law recognizes that existing injuries can worsen when “aggravated.” While the original condition may not be compensable, any added harm caused by the fall may be considered. As a result, damages may reflect the extent to which the condition has changed since the incident.

Do Insurance Companies Challenge These Claims?

Insurance companies often challenge these claims because they may argue that the symptoms were present before the fall. While this approach can reduce payouts, it does not eliminate responsibility if the incident caused further harm.

How Can I Strengthen My Claim?

Individuals may strengthen a claim by seeking prompt medical care and maintaining consistent treatment. While delays in care can create doubt, timely records help connect the injury to the fall. As documentation grows, it can support a clearer picture of how the condition changed after the incident.

Are Pre-Existing Conditions a Barrier to Recovery?

Pre-existing conditions are not a barrier to recovery because the law allows compensation for worsened injuries. While prior health issues may be part of the discussion, they do not prevent a claim when additional harm occurs. As long as the incident worsened the pre- existing condition, recovery may still be possible.

Our South Bend Slip and Fall Accident Lawyers at Wilson & Kinsman, LLC Help Clients With Pre-Existing Conditions Pursue Fair Compensation

To learn more about how pre-existing conditions might impact your case, contact our South Bend slip and fall accident lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.

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Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.