What is Aggravation of Injury?
Updated January 24, 2026
The worsening or exacerbation of a pre-existing medical condition as a direct result of a new accident or traumatic event.
Understanding Aggravation of Injury
Under the eggshell plaintiff rule, a defendant is liable for aggravating a pre-existing condition. The key challenge is proving the extent to which the accident worsened the condition versus the natural progression of the pre-existing condition. Medical records documenting the plaintiff's condition before and after the accident are essential for establishing the degree of aggravation.
Examples
- 1Rear-end collision aggravating a prior disc bulge into a herniation
- 2Fall worsening a previously stable knee injury
- 3Accident causing a previously asymptomatic condition to become painful
Related Terms
Pre-Existing Condition
A health condition or injury that existed before the accident, which may complicate proving causation but doesn't bar recovery for aggravation.
Eggshell Plaintiff Rule
The legal principle that defendants must take plaintiffs as they find them, meaning they are liable for all injuries caused even if the plaintiff was unusually susceptible to harm.
Treating Physician
The doctor who provides ongoing medical care and treatment to an injured person, as opposed to a doctor who only performs an independent examination.
Prognosis
A medical professional's prediction about the likely course, duration, and outcome of a patient's recovery from an injury or illness.
Medical Malpractice
Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care, resulting in injury or death to the patient.
For Personal Injury cases
The record behind a term like this one is built by the client, not the file.
Quilia asks clients about treatment, appointments and how they are doing, records the answers on the case, and syncs it to Clio, Filevine, MyCase, Neos and more.
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