The Eggshell Plaintiff Rule
Colorado follows the "eggshell plaintiff" or "thin skull" doctrine. This means the at-fault party is liable for all injuries they cause, even if the victim was unusually susceptible due to a pre-existing condition. If you had a bad back and the accident made it worse, the defendant is liable for the worsening.
Common Pre-Existing Condition Issues
- Degenerative disc disease: Insurance companies often claim herniated discs are pre-existing degeneration, not accident-related
- Prior injuries: Previous accidents or injuries to the same body part create causation disputes
- Arthritis: Pre-existing arthritis can be aggravated by accident trauma
- Mental health: Pre-existing anxiety or depression can be worsened by accident trauma
How to Prove Aggravation
Medical evidence is critical: pre-accident and post-accident imaging (MRI comparison), consistent treatment records, expert medical testimony linking the accident to the worsening condition.