In personal injury cases, it often revolves around one central question: what damage is the result of the accident? In that discussion, the terms predisposition and pre-existence arise frequently. Insurers often invoke these to limit compensation. Nevertheless, the existence of prior symptoms does not automatically mean you are entitled to less compensation.

In this article, we therefore explain in detail what predisposition and pre-existence mean in personal injury cases, how judges handle them, and what this concretely means for your damages claim. You will also read how to prevent your symptoms from being wrongly dismissed as ‘already existing’.

What is meant by pre-existence in personal injury cases?

With pre-existence this applies when you already had symptoms, conditions, or limitations before the accident. For example:

• existing back or neck complaints;
• a previous hernia or whiplash;
• psychological complaints such as anxiety or depression;
• osteoarthritis or other chronic conditions.

When you experience renewed or worsened complaints after an accident, the insurer often argues that these complaints already existed (in part). This leads to a discussion about the causal link.

What is predisposition?

Predisposition means that before the accident you did have a predisposition had a predisposition to certain symptoms, but these symptoms had not yet (or had hardly) manifested.

Examples of predisposition are:

• wear and tear that had not yet caused symptoms;
• a vulnerable psychological condition without treatment;
• an anatomical abnormality without functional limitations.

In these situations, the accident acts as a ‘trigger’, causing symptoms to arise or worsen significantly.

The difference between predisposition and pre-existence

Although the terms are often used interchangeably, there is an important difference:

• Pre-existence: complaints already existed before the accident.
• Predisposition: there was only increased vulnerability, without complaints.

This distinction is crucial for assessing liability and compensation.

Does the liable party continue to pay in case of pre-existence?

A common misconception is that with pre-existence there is no right to compensation. That is incorrect. Even when you already had complaints, the liable party may remain obligated to compensate damages.

The core question is: would you have ended up in the same situation without the accident?

If the accident has led to aggravation of complaints, additional limitations, or accelerated loss of function, then that damage is in principle eligible for compensation.

Predisposition and the ‘thin skull’ principle

In tort law, the principle is that a wrongdoer must take the victim as he finds him. This is also known as the thin skull-principle.

This means that heightened vulnerability or a predisposition to symptoms should not be at the victim’s expense. In other words: if you had a predisposition, the liable party remains responsible for the consequences the accident causes you.

How do insurers handle predisposition and pre-existing conditions?

In practice, insurers often try to limit claims for damages by asserting that the symptoms (largely) already existed. In that context, we regularly see that:

• medical history is used selectively;
• old symptoms are equated with new limitations;
• recovery is attributed to ‘natural course’.

That is precisely why careful medical and legal substantiation is essential.

The causal link in personal injury

With predisposition and pre-existence, the causal link is central. The question is to what extent the accident has contributed to your current symptoms and limitations.

This involves looking at:

• your symptoms before the accident;
• your functioning before the accident;
• the development of symptoms after the accident;
• medical statements and expert reports.

You can also read more general information about liability on our page personal injury lawyer.

Medical expert assessments and predisposition

In many personal injury cases, a medical expert evaluation is carried out. The expert then assesses, among other things:

• whether there were pre-existing conditions;
• whether there was a predisposition;
• to what extent the accident caused or aggravated symptoms;
• how the clinical picture would have developed without the accident.

This assessment is often decisive for the final compensation.

Calculating damages with predisposition and pre-existing conditions

When it is established that both the accident and prior factors play a role, a apportionment of damages may be at issue. However, that does not automatically mean that you will only be compensated for a small part.

It is important that only that portion of the damage that would have occurred even without the accident is excluded. The rest remains the responsibility of the liable party.

You can read more about this on our page about personal injury compensation.

Psychological symptoms and pre-existing conditions

Pre-existing conditions are also regularly invoked in cases of psychological symptoms. Insurers then argue that symptoms such as stress, anxiety or depression already existed.

The same applies here: if you had a normally functioning life before the accident and the limitations only arose afterwards, the accident remains legally relevant.

Frequently Asked Questions

Will I receive less compensation if I already had symptoms?

No, not automatically. Only harm that would have occurred even without the accident can be excluded.

Is an insurer allowed to use old medical records?

Yes, but only insofar as they are relevant. Selective use of medical information is not permitted.

What if my symptoms only worsened later?

Later aggravation can also qualify for compensation, provided the link to the accident is plausible.

What can you do yourself?

When predisposition or pre-existence is raised, it is important that you:

• share your medical history fully and honestly;
• properly documents your functioning before the accident;
• engages legal assistance;
• does not agree too quickly with the insurer’s position.

Does legal help cost me money?

In personal injury cases, the costs of legal assistance are in most cases recovered from the liable party or their insurer. As a result, you as the victim ultimately run no financial risk.

Why choose Arslan Advocaten?

Predisposition and pre-existing conditions are often the core of complex personal injury cases. We have extensive experience with these discussions and know how to deploy medical and legal arguments effectively.

In addition, we communicate clearly, think strategically with you, and are committed to securing the fullest possible compensation.

You can find more general information about personal injury at the Government of the Netherlands.

Would you like to know what predisposition or pre-existence means in your case? Feel free to contact us for a no-obligation assessment.