PI Pre-Existing Condition
Eggshell plaintiff: defendant takes plaintiff as found. Pre-existing condition + accident aggravation = full damages. NOT reduced by underlying condition.
| Total medical bills | — |
| Pre-existing impact | — |
| Attributable to accident | — |
| Lost wages | — |
| P&S multiplier | — |
| Pain and suffering | — |
| Subtotal | — |
| Attorney fee (33%) | — |
| Net to plaintiff | — |
The eggshell plaintiff doctrine: defendants take plaintiffs as they find them. If you have a pre-existing condition and an accident aggravates it, the defendant is responsible for the aggravation — but NOT the underlying condition that pre-existed.
Eggshell Plaintiff Doctrine
'Defendant takes the plaintiff as he finds him.' Even if a healthy person wouldn't have been injured by the accident, an existing-condition plaintiff can recover full damages for aggravation. Common scenario: prior back injury aggravated by rear-end collision.
Apportionment Rules
Damages NOT reduced for the underlying condition. BUT, only the AGGRAVATION portion is recoverable — not damages that would have existed anyway. Medical bills, lost wages, pain & suffering all calculated on the accident's contribution to total harm.
Proving Aggravation
Need pre-accident medical records (showing baseline). Post-accident records showing changed condition. Expert testimony (treating physician + IME). Pain diary. Comparison: 'Without the accident, would patient have needed this surgery?' Helpful for settlement and trial.
Last updated May 2026. Sources: ABA Eggshell Plaintiff.