What If Pre-Existing Conditions Are Aggravated by a Car Accident?
Car accidents can cause devastating injuries, but what happens if you were already dealing with a medical condition before the crash? Many accident victims worry that a pre-existing condition will prevent them from filing a claim or recovering compensation. The truth is more encouraging: you may still be entitled to compensation if the accident aggravated or worsened your condition.
Insurance companies often try to use pre-existing conditions to deny or minimize claims. But the law is clear: you are not disqualified from seeking damages just because you weren’t in perfect health before the crash. In this blog, we’ll explore how the legal system treats pre-existing conditions, what evidence you need to prove your case, and how an attorney can help you fight back against unfair insurance tactics.
Understanding Pre-Existing Conditions in Personal Injury Law
A pre-existing condition is any health issue or injury you had before the accident occurred. These may include:
- Back and neck problems
- Arthritis
- Degenerative disc disease
- Previous concussions or traumatic brain injuries (TBIs)
- Joint injuries or surgeries (knee, shoulder, etc.)
- Anxiety, depression, or PTSD
- Chronic pain conditions like fibromyalgia
The key legal question is not whether you had a condition, it’s whether the accident made it worse. If a crash aggravated your condition or caused it to flare up, you can pursue compensation for that aggravation.
The “Eggshell Plaintiff” Rule: You Take the Victim as You Find Them
One of the most important legal doctrines protecting injured victims with pre-existing conditions is the “eggshell plaintiff” rule. This rule says that a defendant is responsible for all injuries caused by their actions, even if the victim was more vulnerable due to a pre-existing condition.
In other words, the at-fault driver cannot escape liability just because your injuries were more severe than they would have been for someone else. If the accident caused your condition to worsen, they may still be fully responsible for the consequences.
Common Examples of Aggravated Pre-Existing Conditions
Let’s look at how this might play out in real life:
- Back Injury Worsened: You had a mild herniated disc that caused occasional discomfort. After a car crash, you now experience daily pain, limited mobility, and require physical therapy or injections.
- Old Knee Injury Reinjured: You had a knee surgery five years ago and recovered. After the crash, the knee swells again, and you need another operation.
- Mental Health Flare-Up: You had a history of anxiety or PTSD. The trauma of the crash triggers a relapse or worsens your symptoms, interfering with your daily life or work.
- Degenerative Conditions Accelerated: A degenerative spine condition progresses more rapidly after the accident due to the trauma inflicted on your body.
In all of these scenarios, the car accident directly affected your health, even if the foundation for the injury was already there.
Challenges You May Face From Insurance Companies
Insurance adjusters often look for any reason to reduce or deny your claim. A pre-existing condition gives them an opening to argue:
- Your injuries weren’t caused by the accident
- Your pain or symptoms would have occurred anyway
- You’re exaggerating your injuries
- The treatment you’re receiving is unrelated to the crash
That’s why it’s critical to document everything and seek legal guidance. With the right evidence and advocacy, you can push back against these unfair tactics.
What You Need to Prove Your Case
To win compensation for an aggravated pre-existing condition, you’ll need to show:
- You had a documented condition before the crash.
Medical records, past treatment history, or diagnostic imaging can show what your baseline health was. - The accident caused a measurable change.
You’ll need evidence that your condition worsened after the crash, such as increased pain, new symptoms, or additional treatment needs. - The aggravation was caused by the accident, not natural progression.
A medical expert can help connect the worsening of your condition directly to the trauma from the crash.
The Role of Medical Records and Expert Testimony
Your medical records are some of the most important evidence in a case involving pre-existing conditions. They help compare your condition before and after the crash. But insurers may still argue that your worsening symptoms are coincidental.
This is where expert medical testimony can make all the difference. Your doctor or a specialist can provide a written opinion or testify that the car accident caused your condition to worsen. This professional analysis strengthens your case and helps counter the insurance company’s arguments.
Should You Disclose Your Pre-Existing Condition?
Yes—but carefully and with legal guidance. Hiding or failing to disclose a previous injury can hurt your credibility. If the insurance company finds out (and they often do through medical records or background checks), it can damage your entire case.
However, how you disclose your condition matters. An attorney can help you present the facts honestly, while also highlighting the impact the accident had on your health.
How a Personal Injury Lawyer Can Help
Cases involving pre-existing conditions are more complex than standard injury claims. A skilled personal injury lawyer can:
- Review your medical history and current records
- Consult medical experts to support your claim
- Communicate with the insurance company on your behalf
- Negotiate a fair settlement that includes aggravated injuries
- File a lawsuit if the insurer refuses to offer fair compensation
Your lawyer’s job is to make sure your unique health history doesn’t become an excuse to deny you justice.
You don’t need to be in perfect health to file a personal injury claim. Many car accident victims have pre-existing conditions, and the law recognizes their right to seek compensation when those conditions are worsened by someone else’s negligence.
If you’ve been in a car accident and feel like your previous injuries or chronic conditions have gotten worse, don’t let the insurance company take advantage of you. Talk to an experienced car accident attorney from TSR Injury Law who can evaluate your case, protect your rights, and help you pursue the full compensation you deserve.
