What is the eggshell skull rule?
Tortfeasor takes claimant as found; if claimant's pre-existing condition made them more vulnerable to injury, the defendant is fully liable for the consequences — Smith v Leech Brain & Co [1962]
What is an acceleration or aggravation claim?
Where accident materially worsened a pre-existing condition; compensation = difference between claimant's position with the accident vs without it; not the full value of the underlying condition
Common pre-existing conditions in work accident claims
Degenerative disc disease; previous back or joint injuries; osteoarthritis; mental health conditions; PTSD from previous events
How is a pre-existing condition assessed in a medical report?
Orthopaedic or specialist consultant distinguishes baseline vs accident contribution; expressed as percentage or period of acceleration — "would have reached this state in X years anyway"
What evidence helps show the acceleration?
Pre-accident medical records showing previous good function; imaging showing change; witness evidence of activity level before vs after
Related questions
What if my back was already bad before the accident?
If the accident significantly worsened your back — even temporarily — you can claim for the additional period of pain and the additional loss of function caused by the accident.
What if the insurer argues my injury was purely pre-existing?
They must produce medical evidence to support that position. Your independent medical expert can rebut it. This is a question of fact for the court if unresolved.
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
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Sources
- Smith v Leech Brain & Co Ltd [1962] 2 QB 405
- Jobling v Associated Dairies [1982] AC 794
- JCG 17th edition
- Law Commission — pre-existing conditions
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.