The Rising Prevalence of Obesity in the U.S.
By 2030, nearly half of the U.S. adult population is expected to be obese. From 2000 to 2018 alone, the number of obese and severely obese individuals rose by more than 30%. This growing trend has significant implications for personal injury cases, particularly in assessing injury severity, treatment plans, recovery time, and case valuation.
The Centers for Disease Control and Prevention (CDC) recognizes three primary classes of obesity based on Body Mass Index (BMI), with higher BMI levels correlating to increased health risks:
- Class 1 (low-risk): BMI is 30.0–34.9
- Class 2 (moderate-risk): BMI is 35.0–39.9
- Class 3 (high-risk): BMI is 40.0 or above
Some researchers recognize additional classes:
- Class 4: BMI is 50.0 or above
- Class 5: BMI is 60.0 or above
Health Risks Associated with Class 3 Obesity
A study analyzing the health records of over 270,000 participants in the National Institutes of Health’s All of Us research program found that individuals with Class 3 obesity are at a higher risk for 16 serious health conditions:
- Obstructive sleep apnea (OSA)
- Type 2 diabetes
- Metabolic dysfunction-associated steatotic liver disease (MASLD)
- Gout
- Heart failure (HF)
- Hypertension
- Biliary calculus
- Atrial fibrillation (AF)
- Chronic kidney disease
- Pulmonary embolism (PE)
- Deep vein thrombosis (DVT)
- Hyperlipidemia/dyslipidemia
- Gastroesophageal reflux disease
- Asthma
- Osteoarthritis
- Atherosclerotic cardiovascular disease (ASCVD)
People classified as overweight (BMI of 25.5–29.9) also face higher risks for many of these conditions, particularly OSA and MASLD, though they are less likely to develop pulmonary embolism or deep vein thrombosis.
Beyond these health risks, obesity also contributes to musculoskeletal issues that directly impact injury recovery. Excess weight places additional strain on the spine and joints, increasing the likelihood of degenerative disc changes to the lumbar spine and knees.
Obese and overweight individuals are also more prone to developing a herniated disc, a common cause of sciatica and chronic leg pain due to lumbar radiculopathy. The additional body weight forces the discs to compensate for increased spinal pressure, making them more susceptible to injury.
Research led by Michael Blaha, MD, MPH, at Johns Hopkins University highlights how obesity impacts public health. Blaha’s research team is exploring how improved access to anti-obesity therapies, particularly for conditions like OSA and MASLD, which currently have limited treatment options, could influence public policy and shape nationwide health outcomes.
The researchers acknowledge that ending obesity altogether is a long shot. But even reducing severe obesity could prevent 1 in 5 OSA cases, 1 in 8 cases of HF, gout, or MASLD, and 1 in 10 type 2 diabetes or PE cases.
How Obesity Affects Personal Injury Cases
Injury Severity and Recovery Challenges
Obesity may increase the severity of workplace injuries, blunt trauma injuries, mechanical falls, and motor vehicle accident-related injuries. Due to the underlying health conditions associated with obesity, recovery can be more complicated.
- Mortality rates from mechanical falls are approximately 300% higher in obese patients than in non-obese individuals.
- Mortality rates from motor vehicle accidents are roughly 350% higher in obese patients.
- Obese individuals are more likely to suffer from fractures and have a higher Injury Severity Score.
- Postoperative complication rates in orthopedic trauma patients with a BMI greater than 30 kg/m2 are significantly higher (23%) compared to non-obese patients (14%).
This is why accounting for obesity is essential when calculating damages for medical expenses, rehabilitation, and long-term care.
Obesity as a Compensable Consequence
In some cases, plaintiffs may argue that their obesity resulted from their injury, either due to decreased mobility or as a side effect of medication. Attorneys pursuing such claims must provide detailed documentation, including:
- Pre-injury weight and health status
- Timeline of weight gain post-injury
- Medical evidence linking the injury and weight gain
- Exclusion of alternative contributing factors like pre-existing conditions
Defense teams, on the other hand, may counter by claiming that your client’s weight contributed to their injuries, or provide statistics on weight gain trends in the general population.
Jury Perception and Weight Bias
Additionally, jurors may be influenced by weight-related stigma when evaluating personal injury cases. Research from the National Library of Medicine found that overweight and obese plaintiffs were more likely to be perceived as responsible for their injuries compared to individuals with lower BMI. Attorneys must anticipate potential biases and strategically present medical evidence to counteract weight-related prejudices.
Strategic Legal Considerations
Medical data and expert testimony should clearly outline how obesity impacts injury severity and recovery. Future cost projections must account for extended recovery times, specialized medical care, and increased rehabilitation needs. Additionally, attorneys should anticipate defense arguments and prepare evidence that distinguishes between prior conditions and accident-related damage.
At Integrity Legal Nurse Consulting PDX, we help attorneys use client medical data to strategically craft compelling timelines and support future cost projections for your client’s recovery. We can also find that needle in the haystack expert to testify at trial.
While public policy must continue evolving to support long-term obesity interventions, legal professionals must also advocate for fair treatment and compensation for obese clients. Obesity is a reality for a large part of our population, and personal injury cases must reflect that reality. Our role is to help attorneys navigate these complexities, ensuring that every client receives a thorough, well-documented, and just case evaluation.
If you need expert insights on medical issues in your personal injury case, contact us to get paired with an expert legal nurse.
Sources:
- Study: Obesity Linked With 16 Common Adverse Health Conditions | MedPage Today
- The Role of Obesity in Personal Injury Litigation | Research & Planning Consultants, L.P.
- Health risks of obesity | MedlinePlus
- Obesity: Pathophysiology and Management | American College of Cardiology
- All of Us Research Program Overview | U.S. Department of Health and Human Services
- What’s a Herniated Disc, Pinched Nerve, Bulging Disc…? | Spine-health
- Lumbar Radiculopathy | Spine-health
- How Your Weight Affects Injury Case Settlement Value | JZ Helps
- The Influence of Plaintiff’s Body Weight on Judgments of Responsibility: The Role of Weight Bias | National Library of Medicine