Pre-Existing Condition | AZ Law Now Glossary
Damages

Pre-Existing Condition

What it means

A medical condition or injury that existed before the incident at issue. Defendants often try to use pre-existing conditions to reduce damages, but the eggshell plaintiff rule limits this.

Arizona context

In Arizona, a defendant is liable for any aggravation of a pre-existing condition caused by the incident. The defendant takes the plaintiff in the condition they were already in.