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1. Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims. They are approved by the Master of the Rolls and are annexed to the Civil Procedure Rules (CPR).
Pre-existing conditions can encompass anything from work injuries you sustained years ago to chronic diseases. The condition does not need to result from a previous work injury as long as it is affected by your employment. Examples of pre-existing conditions that are often aggravated by work include: Knee injuries.
existing condition, in the context of a personal injury case, refers to any injury, illness, or medical condition that existed prior to the injurycausing accident. This can include physical injuries, such as a previous broken bone, or mental health damages, such as depression or anxiety.
The Protocol promotes the practice of the claimant obtaining a medical report, disclosing it to the defendant who then asks questions and/or agrees it and does not obtain their own report. The Protocol provides for nomination of the expert by the claimant in personal injury claims.
CACI Jury Instruction 3927 reads as follows: CACI 3927 - Aggravation of Pre-existing condition or disability: Plaintiff is not entitled to damages for any physical or emotional condition that he/she had before defendant's conduct occurred.