Can an older person with a preexisting condition still have a valid injury claim after an accident?
Answer:
Yes. Being older or having arthritis, diabetes, degenerative changes, neuropathy, or another preexisting health condition does not eliminate a person's legal rights after an accident. A longstanding legal principle commonly known as the “eggshell plaintiff” rule generally recognizes that a negligent party takes an injured person as they find them. An accident that aggravates, accelerates, or makes an existing condition symptomatic can result in compensable additional harm.