How Pre-Existing Conditions Affect Your Personal Injury Claim
If you were injured in a motor vehicle accident, you might hesitate to contact a lawyer if you already had a health issue or a past injury. A common fear is that the insurance company will simply blame all of your current pain on your old medical problems and refuse to pay your claim.
At Bochetto & Lentz, P.C., we frequently meet clients who worry that their medical history ruins their chances at financial recovery. Many high-volume law firms avoid these cases because they require extra work. However, our firm thrives on complex, high-stakes injury claims that other attorneys turn away. We know that having a pre-existing condition does not prevent you from receiving full compensation.
The law protects crash victims in this exact situation. Here is a clear breakdown of how prior health conditions affect a personal injury lawsuit and how our legal team works to hold the at-fault driver responsible.
The Insurance Company’s Strategy: Pre-Existing vs. Aggravated
When you file an injury claim, the insurance company will look through your medical records. If they see a past back injury, a history of neck pain, or a previous surgery, they will almost always say:
“The crash didn’t cause your pain. Your old condition is the real cause.”
To understand why this argument falls short, you need to know the difference between two key terms: causation and aggravation.
- Causation: The crash directly created a brand-new injury where no problem existed before.
- Aggravation: You had a pre-existing condition, but the crash made it much worse, reactivated old symptoms, or turned a manageable condition into severe daily pain.
What the Law Actually Says
You cannot recover money for pain or medical bills you had before the accident. However, you are legally entitled to full compensation for how much worse the crash made your condition.
If you had a weak back that caused you zero daily pain, and an accident triggered severe, lasting back pain, the driver who caused the crash must pay for that new level of suffering and any necessary medical treatment. The at-fault party must accept you as you were at the time of the crash, vulnerabilities included. This principle is known as the eggshell plaintiff rule.
Common Examples of Aggravated Conditions
Pre-existing conditions come up frequently in auto accidents.
Some common examples include:
- Degenerative Disc Disease: Many people have minor spinal wear and tear that causes no pain at all until the sudden force of a car crash triggers severe nerve pain or herniated discs.
- Prior Surgeries: A joint replacement or spinal fusion that was fully healed and stable before the accident becomes damaged, painful, or unstable after the crash.
- Prior Concussions: A driver who recovered from a past head injury suffers far more intense symptoms after a new crash than someone without a history of brain trauma.
How to Prove the Crash Made Your Condition Worse
Because insurance companies fight these claims hard, you must present clear, factual evidence showing the change in your health before and after the crash.
1. Clear Medical Records Before and After the Accident
Your medical history is vital. Complete medical records show your baseline health immediately before the collision compared to your condition right after. If you were working, exercising, and living without pain restrictions before the crash, those records serve as strong proof.
2. Testimony from Your Doctors
Your treating physicians play a major role in your case. A doctor can review your medical records and explain exactly how the physical force of the accident worsened your underlying health issues.
3. Complete Honesty About Your History
Never try to hide past injuries from your lawyer or your doctors. Insurance adjusters will find your medical history during their investigation. Disclosing past injuries right away lets your attorney build a clear strategy that highlights the difference between your past health and your current post-crash limitations.
Protect Your Claim with Bochetto & Lentz P.C.
Do not let a past injury or medical diagnosis stop you from seeking the compensation you need after a car accident. If a negligent driver made your health worse, you deserve payment for your new medical bills, lost wages, and pain.
The trial lawyers at Bochetto & Lentz, P.C. know how to stand up to insurance adjusters, disprove their excuses, and fight for the full value of your claim. Contact Bochetto & Lentz, P.C. today for a free consultation to review your case and learn how we can help.
Disclaimer: The information provided in this content is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice specific to your situation, please contact our office directly to speak with an attorney.