A preexisting condition is any diagnosis, symptom, or degenerative process documented before the incident. It may be entirely unrelated, may have been asymptomatic, or may have been under active treatment.
Defendants remain liable for aggravation of a preexisting condition, but not for the underlying condition itself.
Alternative Names:
Prior Condition, Pre-Injury Condition
Why it Matters?
This is the most productive line of inquiry in injury defense, because prior treatment records frequently reveal complaints identical to those attributed to the incident. The eggshell plaintiff doctrine means the defense rarely escapes liability entirely, so the practical objective is apportionment: establishing the claimant's baseline so the jury can separate the incident's contribution from what already existed. Obtaining a complete prior treatment history is the necessary predicate.
Frequently Confused with
Related terms
Frequently asked questions
Does a preexisting condition defeat a claim?
How is a complete prior history obtained?
