Having a prior injury doesn't bar your claim — Colorado lets you recover when an accident makes it worse.
The Eggshell Plaintiff Rule
Colorado follows the principle that a defendant takes the victim as they find them. If a crash aggravates a pre-existing condition, the responsible party is liable for that worsening.
Insurers Will Blame Your History
Expect the insurer to argue your pain is from the old injury, not the crash. Medical evidence distinguishing the two is essential.
Documenting the Change
Records showing your condition before and after the accident prove the aggravation. Be candid with your doctors about your history.
Don't Be Discouraged
A pre-existing condition is not a reason to skip a claim. With the right evidence, you can recover for the harm the accident caused.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Colorado attorney.