In This Article
The 'Eggshell Plaintiff' Principle
A long-standing legal principle holds that a defendant takes the victim as they find them. If a crash aggravates a pre-existing condition or makes you more vulnerable to injury, the at-fault party is still responsible for the harm they caused — even if a healthier person might have been hurt less.
How Insurers Use Your History
Insurers routinely blame your injuries on pre-existing conditions to avoid paying. They may demand your full medical history and point to any prior back, neck, or joint issue as the 'real' cause. This is why broad medical authorizations are risky and why clear documentation matters.
Proving Aggravation
The key is distinguishing your baseline condition before the crash from your worsened condition after it. Medical records, imaging comparisons, and treating-provider testimony establish that the crash made things worse. New Hampshire law allows recovery for that aggravation.
Be Honest and Get Help
Hiding a prior condition backfires — insurers will find it. The right approach is honesty paired with clear evidence of how the crash changed your health. An attorney can frame the claim correctly and counter the insurer's attempts to blame your past.
Talk to a New Hampshire Injury Specialist — Free
This article is general information, not legal advice. For guidance on your specific situation, get a free, confidential case review. You pay nothing unless you win.
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