Pre-Existing Injuries and Conditions

The defendant “takes the plaintiff as he finds him.” This means that you are entitled to recover damages for aggravation of a preexisting condition or for an injury that is more serious because of a special susceptibility. In other words, the defendant can not avoid responsibility for the full extent of your injury by contending that the impact that put you in the hospital wouldn’t have hurt an NFL linebacker. But you cannot recover damages for injuries not caused or aggravated by the accident. Remember that the insurance representative will know about any claims or injuries in the past.