If you’ve been injured in a boat accident and have a pre-existing medical condition, you may worry that it will hurt your chances of receiving compensation. Insurance companies often use pre-existing conditions to minimize payouts or deny claims altogether — but that doesn’t mean you’re out of options.
This guide explains how pre-existing conditions affect boat accident injury claims, what the law says, and how to protect your right to fair compensation.
🧠 What Is a Pre-Existing Condition?
A pre-existing condition is any medical issue you had before the boat accident occurred. This can include:
- Chronic pain or joint problems
- Previous surgeries or injuries
- Mental health conditions
- Degenerative diseases (e.g., arthritis, disc issues)
- Old fractures or soft tissue damage
These conditions don’t disqualify you from filing a claim — but they do require careful documentation and legal strategy.
⚖️ The “Eggshell Plaintiff” Rule
Under personal injury law, the “eggshell plaintiff” doctrine protects individuals with pre-existing conditions. It means:
You must be taken as you are — even if your injuries are more severe because of a prior condition.
In other words, if the boat accident aggravated your condition or caused new harm, the responsible party can still be held liable.
📄 How to Prove Aggravation vs. Pre-Existing Injury
To succeed in your claim, you’ll need to show that:
- The boat accident worsened your existing condition
- You experienced new symptoms or limitations after the accident
- Your medical records support a clear before-and-after comparison
This is where detailed documentation and expert testimony become critical.
🧾 Medical Records That Support Your Case
To build a strong claim, gather:
- Pre-accident medical history: Records showing your baseline condition
- Post-accident evaluations: ER reports, imaging, and specialist notes
- Treatment plans: Physical therapy, medication changes, or surgical recommendations
- Doctor’s statements: Written opinions linking the accident to your worsened condition
These records help distinguish old injuries from new damage and prove causation.
🛑 How Insurance Companies Use Pre-Existing Conditions Against You
Insurers may try to:
- Argue your pain or limitations existed before the accident
- Blame your current symptoms on aging or unrelated health issues
- Offer low settlements based on “partial liability”
That’s why it’s essential to work with an attorney who can counter these tactics and present your case clearly.
👨⚖️ How Attorneys Handle Pre-Existing Conditions Strategically
Experienced boat accident attorneys will:
- Review your full medical history
- Consult with medical experts to establish aggravation
- Prepare you for deposition or trial questions about your condition
- Negotiate aggressively to ensure your pre-existing condition isn’t used unfairly
They may also use comparative fault arguments to limit any reduction in compensation.
🧭 Final Thoughts: Your Health History Doesn’t Cancel Your Claim
Having a pre-existing condition doesn’t mean you’re not entitled to compensation — it means your case requires precision, documentation, and legal expertise. If a boat accident made your condition worse or caused new injuries, you deserve to be made whole.
Speak with a boat accident attorney who understands how to navigate these complexities and protect your rights.