Having an injury or medical condition before a car accident does not automatically prevent someone from seeking compensation. The more important question is often whether the collision caused a new injury, made an existing condition worse, or caused symptoms that would not otherwise have occurred. How these issues are handled depends on the facts of the case and the law of the state where the accident occurred.
The Difference Between an Existing Condition and New Harm
Insurance companies may examine medical records from before and after a crash to determine a person’s baseline condition. If someone already had back pain, for example, the insurer may argue that some of the reported symptoms existed before the collision.
That does not necessarily mean the accident caused no additional harm. A crash can aggravate an existing condition or turn a manageable problem into a significantly more serious one. Under the general “eggshell plaintiff” principle, a defendant may be responsible for the full extent of harm caused by an accident even when the injured person was unusually vulnerable to injury.
Medical Records Can Become Especially Important
Pre-accident medical records may help establish what a person’s condition looked like before the collision. Records after the accident can then show changes in symptoms, diagnoses, treatment, and physical limitations.
This comparison can be important when determining whether the accident produced something new or aggravated an existing problem. Medical opinions may also be used to address causation when the distinction is not straightforward.
Be Honest About Your Medical History
Trying to hide a previous injury can create credibility problems if medical records later reveal it. Instead, accurately tell healthcare providers about prior conditions and explain what changed after the accident.
Keeping records of treatment, medications, medical appointments, and changes in daily activities can also help establish a timeline. The goal is not to claim that every symptom resulted from the crash, but to accurately document what changed afterward.
Compensation May Focus on the Aggravation
A person generally cannot recover damages simply for a condition that existed before an accident. The focus may instead be on the additional harm caused by the collision, including an aggravation of the prior condition. The exact rules for proving and valuing that aggravation vary among states.
For someone with a pre-existing injury, the most useful evidence may be the medical and functional difference between life before and after the crash. A prior condition can complicate an injury claim, but it does not automatically eliminate the possibility of recovering compensation for harm caused by the accident.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an insurance claim lawyer. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision that should not be based on advertising. You need to consult an attorney for legal advice regarding your situation. Click here to learn more!
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