When a person with diabetes, arthritis, or other pre-existing medical conditions is injured in a Colorado car accident, insurance adjusters often attempt to minimize the claim by arguing that the victim's prior health issues caused or contributed to their current condition. Colorado law, however, provides strong protection for injury victims through the eggshell plaintiff rule.
What Qualifies as a Pre-Existing Medical Condition
A pre-existing condition is any documented health issue, injury, or illness that existed before the accident in question. Common pre-existing conditions that arise in Colorado personal injury claims include:
- Chronic pain conditions: arthritis, fibromyalgia, degenerative disc disease, prior back or neck injuries, chronic headaches
- Systemic health conditions: diabetes, heart disease, hypertension, autoimmune disorders
- Mental health conditions: depression, anxiety disorders, post-traumatic stress disorder
- Prior injuries: old fractures, ligament tears, joint damage, surgical sites
The existence of these conditions does not prevent recovery for new injuries or for aggravation of the pre-existing condition. Colorado law recognizes that many accident victims have complex medical histories, and the law does not penalize them for it.
The Eggshell Plaintiff Rule in Colorado
Colorado follows the eggshell plaintiff rule, also referred to as the eggshell skull rule or thin skull rule. This doctrine holds that a defendant must take the plaintiff as they find them. If a plaintiff has a pre-existing vulnerability that makes them more susceptible to injury, the defendant is liable for the full extent of harm caused by the accident, not merely the harm that would have occurred to a person in perfect health.
The rule applies even when the plaintiff's pre-existing condition is unknown to the defendant and even when the resulting injury is more severe than what a typical person would have sustained from the same collision.
Application in Colorado Courts
Colorado appellate courts have consistently upheld the eggshell plaintiff rule in personal injury cases. The principle is that tortfeasors are responsible for all consequences that flow from their negligent conduct, including consequences that are more severe due to the victim's pre-existing fragility.
For example, if a plaintiff with osteoporosis suffers multiple fractures in a rear-end collision that might have caused only soft tissue injury to someone with healthy bones, the at-fault driver is liable for all fractures and resulting complications. The defendant cannot reduce damages based on the argument that a healthier person would not have been injured as severely.
Aggravation of Pre-Existing Conditions
One of the most common scenarios in Colorado injury claims involves the aggravation or exacerbation of a pre-existing condition. A person may have managed chronic back pain successfully for years, but after a collision, the pain becomes constant and disabling. A person with well-controlled diabetes may suffer wound healing complications after an accident.
In aggravation cases, the injured party is entitled to recover damages for the worsening of their condition. The challenge is establishing the baseline condition before the accident and demonstrating the degree to which the accident caused the condition to deteriorate.
Proving Aggravation of Pre-Existing Conditions
Successful claims involving aggravated pre-existing conditions typically require:
- Pre-accident medical records: documentation showing the extent and management of the condition before the collision
- Post-accident treatment records: objective evidence of worsening symptoms, increased medication needs, additional treatment requirements
- Treating physician testimony: expert opinion linking the accident to the aggravation and distinguishing between baseline symptoms and new or worsened symptoms
- Functional capacity assessment: evidence showing decreased ability to perform work, daily activities, or recreational activities after the accident
How Insurance Companies Use Pre-Existing Conditions
Despite the protections of the eggshell plaintiff rule, insurance adjusters routinely attempt to use pre-existing conditions to reduce claim value. Common defense tactics include:
- Arguing that current symptoms are entirely attributable to the pre-existing condition rather than the accident
- Claiming that pre-accident treatment records show the same complaints, even when post-accident severity is clearly greater
- Suggesting that the plaintiff would have required the same treatment eventually, regardless of the accident
- Demanding access to extensive medical history in an attempt to find any prior similar complaint
These tactics aim to create doubt about causation and to pressure claimants into accepting reduced settlements. Thorough documentation and strong medical evidence are essential to counter these arguments.
The Role of Medical Documentation
In claims involving pre-existing conditions, medical documentation becomes even more critical than in straightforward injury cases. Key documentation includes:
Before the accident: Records establishing the nature, severity, and treatment of the pre-existing condition, demonstrating functional capacity and quality of life before the collision.
Immediately after the accident: Emergency room records, initial treating physician notes, and diagnostic imaging that document new injuries and the immediate impact of the collision.
Ongoing treatment: Records showing the progression of symptoms, changes in treatment plans, referrals to specialists, and the need for interventions not previously required.
Expert opinions: Statements from treating physicians and independent medical experts explaining how the accident caused new injuries or worsened pre-existing conditions, supported by objective clinical findings.
Disclosure Obligations and Strategic Considerations
Colorado injury claimants are required to disclose pre-existing medical conditions truthfully. Attempts to hide or minimize prior health issues can severely damage credibility and may constitute fraud.
The better approach is full disclosure accompanied by clear medical evidence distinguishing the pre-accident baseline from post-accident symptoms and limitations. Credibility is critical in these cases, and transparency with both medical providers and legal counsel allows for the development of a strong evidentiary record.
Types of Damages Available
Plaintiffs with pre-existing conditions who are injured in Colorado accidents may recover:
- Medical expenses: all treatment costs related to new injuries and to the aggravation of pre-existing conditions
- Future medical costs: projected treatment needs, including management of worsened chronic conditions
- Lost wages: income lost due to inability to work at pre-accident capacity
- Loss of earning capacity: reduced ability to earn income in the future due to permanent worsening of condition
- Pain and suffering: compensation for increased pain, reduced quality of life, and loss of enjoyment of activities
The presence of a pre-existing condition does not reduce these damage categories. If the accident caused the harm, full compensation is available.
Common Challenges in Pre-Existing Condition Cases
Several recurring challenges arise in Colorado injury claims involving pre-existing conditions:
Gaps in treatment: If a claimant was not actively treating a pre-existing condition before the accident, insurers may argue the condition was dormant or resolved.
Delayed treatment: When accident victims with pre-existing conditions delay seeking post-accident care, insurers argue that injuries are not serious or not related to the collision.
Inconsistent complaints: Variations in symptom descriptions across medical visits can be exploited to suggest exaggeration or that symptoms are not accident-related.
Apportionment arguments: Defense counsel may argue that only a percentage of current symptoms are attributable to the accident, with the remainder due to the pre-existing condition.
Addressing these challenges requires careful case preparation, consistent medical treatment, honest symptom reporting, and expert testimony establishing clear causation.
When to Consult a Colorado Personal Injury Attorney
Claims involving pre-existing conditions are more complex than straightforward injury cases. Insurance companies invest significant resources in challenging these claims, and injured parties benefit from early legal representation.
An experienced Colorado personal injury attorney can help by:
- Obtaining complete pre-accident medical records to establish the baseline condition
- Coordinating with treating physicians to document accident-related changes
- Retaining medical experts who can clearly explain causation and apportion damages
- Countering insurance company arguments and tactics designed to minimize the claim
- Presenting the claim in a way that emphasizes the full impact of the accident
The earlier an attorney becomes involved, the better the opportunity to build a strong evidentiary record.
Contact McCormick & Murphy for a Free Consultation
If you have been injured in a Colorado accident and have pre-existing medical conditions, McCormick & Murphy can help protect your rights under the eggshell plaintiff rule. Our firm handles personal injury claims throughout Colorado, including in Colorado Springs and surrounding areas. We work on a contingency fee basis, meaning there is no attorney fee unless we recover compensation for you. Contact us today for a free consultation to discuss your claim.