My Pre-Existing Condition Got Worse
If you were involved in an accident and are now experiencing a worsening of a pre-existing medical condition, you may be wondering if you still have a valid personal injury claim. The short answer is: yes, you may still be entitled to compensation. However, the legal process becomes more complex when pre-existing conditions are involved.
Here’s what you need to know about how pre-existing conditions affect personal injury claims — and how the law protects injured victims in these situations.
How Do Pre-Existing Conditions Affect a Personal Injury Claim?
Insurance companies and defense attorneys often try to use pre-existing conditions to minimize or deny compensation. Their argument usually sounds like this:
“You were already injured — this accident didn’t cause it.”
But under the law, that isn’t necessarily a valid defense. If the accident made your condition worse — even if it didn’t cause the condition in the first place — you may still have a strong case.
This legal principle is often referred to as the “eggshell plaintiff” rule — meaning the at-fault party is liable for all harm caused by their actions, even if the victim was more vulnerable to injury due to a prior condition.
Common Examples of Pre-Existing Conditions
Some of the most common pre-existing conditions involved in personal injury cases include:
- Degenerative disc disease or chronic back pain
- Arthritis or joint problems
- Previous concussions or brain injuries
- Old fractures or surgeries
- Anxiety, PTSD, or other mental health conditions
- Prior whiplash or soft tissue injuries
An accident may aggravate these conditions, triggering new symptoms or increasing the severity and duration of your recovery.
What You Need to Prove
To succeed in a personal injury claim involving a worsened pre-existing condition, you typically need to show:
- You had a pre-existing condition prior to the accident
- The accident aggravated or worsened that condition
- You suffered additional pain, symptoms, or limitations as a result
Medical evidence is key. Your medical records should clearly document your condition before and after the accident. Doctors may need to testify or write reports explaining how the accident impacted your health beyond your prior baseline.
Should I Disclose My Pre-Existing Condition?
Yes. Failing to disclose a pre-existing condition can severely damage your credibility and your case. Insurance companies will likely obtain your medical records during the claims process. If they discover a condition you tried to hide, they may accuse you of fraud or claim you exaggerated your injuries.
Being transparent with your attorney and your medical providers is essential. A skilled personal injury lawyer can present your case honestly while focusing on how the accident specifically worsened your condition.
How Compensation Is Calculated in These Cases
You are not entitled to compensation for the original condition, but you may be compensated for:
- Increased pain or symptoms
- Additional medical treatment required after the accident
- Lost wages or reduced earning capacity due to worsened limitations
- Emotional distress or mental health impacts
- Long-term disability or diminished quality of life caused by the aggravation
The value of your claim will depend on how much the accident changed your condition and impacted your daily life.
Final Thoughts: Don’t Let a Pre-Existing Condition Stop You
Insurance companies often use pre-existing conditions to discourage injury victims from pursuing claims. But if someone else’s negligence made your condition worse, you have the right to seek fair compensation.
An experienced personal injury attorney can help you gather the medical evidence, build your case, and fight back against insurance tactics designed to minimize your injuries.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
