How Do Pre-Existing Conditions Affect Injury Claims?
When you're hurt in an accident and considering a personal injury claim, the situation can already feel overwhelming. If you also have a pre-existing condition, the process becomes even more layered.
At Duncan and Nobles LLC, we’ve worked with many individuals across Rock Hill, South Carolina, who were concerned that their pre-existing medical issues might prevent them from recovering damages. While pre-existing conditions do add another layer of consideration, they don’t automatically disqualify you from filing a valid claim.
Here, we’ll discuss how pre-existing conditions are viewed in personal injury law—and what you can do to strengthen your case—which can help you take meaningful steps toward a fair resolution.
What Qualifies As a Pre-Existing Condition?
A pre-existing condition refers to any health issue, injury, or medical diagnosis that existed before the incident that led to your current personal injury claim. These conditions can vary widely in type and severity.
Common examples include:
Chronic back or neck pain: Often stemming from past accidents or degenerative conditions like arthritis or scoliosis
Previous fractures or joint injuries: Such as an old knee injury that flares up due to a new fall
Mental health conditions: Including anxiety, depression, or PTSD that may worsen after trauma
Heart conditions or high blood pressure: Which could be aggravated by stress or physical impact
Autoimmune disorders: That may affect your body’s ability to heal or respond to stress
What matters isn’t just that these conditions existed, but whether the accident made them worse, or triggered related new injuries.
The Eggshell Plaintiff Rule
One of the most important legal principles affecting personal injury claims involving pre-existing conditions is the “eggshell plaintiff” rule. This doctrine states that a defendant must take the injured person as they find them.
In other words, if someone has a condition that makes them more vulnerable to injury, the person responsible for the harm can still be held liable for the full extent of the damage, even if a healthier person wouldn't have suffered as much.
This rule can work in your favor when a pre-existing condition is aggravated by a new injury. However, it also makes it critical to show a clear link between the accident and any worsening of your symptoms.
Aggravation Versus New Injury
When assessing your personal injury claim, the law differentiates between an aggravated pre-existing condition and a completely new injury. Both can be compensable, but they’re treated differently during settlement discussions or court proceedings.
Here’s how the distinction generally breaks down:
Aggravated pre-existing condition: A condition you already had worsens due to the new accident. For instance, if you had minor lower back pain that became debilitating after a car crash.
New injury: An injury in a different part of the body, or one with no prior history. An example would be a broken wrist in an accident when you had no prior wrist issues.
The key is documentation. Medical records play a major role in showing how your condition was affected by the event.
Why Medical Records Matter
Detailed and well-maintained medical records are the backbone of any personal injury claim, but they’re even more important when a pre-existing condition is involved. Your lawyer will need to demonstrate the condition’s baseline prior to the accident and how it changed afterward.
These types of records can support your claim:
Pre-accident medical history: To document the existence and severity of your condition before the incident
Post-accident evaluations: To show how symptoms worsened or new symptoms developed
Imaging studies or test results: X-rays, MRIs, and other diagnostic tools can provide objective proof of changes
Physician statements: Notes or testimony from your treating doctors confirming that the injury was aggravated or caused by the accident
You should never try to hide or downplay a pre-existing condition. Insurance companies will likely uncover it anyway, and honesty gives your lawyer a better chance of arguing effectively on your behalf.
How Insurance Companies Handle Pre-Existing Conditions
Insurance adjusters often look for ways to reduce or deny personal injury claims. When a pre-existing condition is involved, they may argue that your current symptoms are due entirely to your prior condition rather than the incident at hand. That’s why it’s so important to clarify how your condition changed or worsened due to the accident.
Insurance companies might attempt to blame all symptoms on the pre-existing condition, even when the accident clearly made them worse. They might also claim that no new injury occurred, suggesting that you're seeking compensation for something unrelated. Furthermore, they may use surveillance or social media posts to argue that you're not as injured as claimed.
A strong legal argument backed by medical documentation and a clear injury timeline can help counter these tactics.
How A Lawyer Can Support Your Claim
A personal injury claim that involves a pre-existing condition often benefits from legal support due to the extra scrutiny such cases tend to receive. A knowledgeable lawyer can gather the necessary documentation, work with medical professionals to build a solid narrative, and challenge any unfair claims made by the insurance company.
A lawyer may help by collecting and reviewing medical records to outline your health history and show the difference post-accident. They can also coordinate with doctors for written opinions or depositions explaining how the accident worsened your condition.
Additionally, a lawyer may interview witnesses who can speak to your physical ability or pain levels before and after the incident. Finally, they can challenge biased medical assessments, especially when insurers bring in doctors who downplay injuries; your lawyer can question these opinions.
Even when an insurer tries to use your pre-existing condition to weaken your case, a lawyer can work to make sure the full scope of your injuries is recognized.
How Courts View Fault In These Cases
Courts are generally cautious about blaming an accident victim for having a pre-existing condition. However, they do expect plaintiffs to prove that their injuries were caused—or at least significantly worsened—by the incident in question.
Courts may look at:
Consistency in your medical history: Was your condition stable before the accident?
Timing of symptoms: Did you begin feeling worse shortly after the accident?
Statements made to medical providers: Did you mention the accident during your first post-incident appointment?
Changes in daily function: Can you show that your ability to work or complete tasks changed following the accident?
This analysis can be nuanced, but it often depends on credible medical support and a clear before-and-after comparison.
Common Accidents Where This Matters
Pre-existing conditions can come into play in virtually any type of personal injury claim, but they’re especially common in certain accident scenarios.
Examples include:
Car accidents: Whiplash, back injuries, and joint pain often worsen due to new impact
Slip and fall incidents: Individuals with osteoporosis or joint degeneration may suffer worse outcomes from falls
Workplace injuries: Someone with a history of repetitive stress injuries may experience a re-injury that requires new treatment
Assault cases: Where emotional trauma or PTSD symptoms are triggered or intensified
In these types of claims, the defendant doesn’t get to escape responsibility simply because you had a medical history. But you may need to do more work to prove how the accident made things worse.
Contact Us Today
If you’re dealing with an injury and have a pre-existing condition, you still have the right to pursue a personal injury claim. James Duncan and Brandon Nobles can help you work through your case and push for a fair outcome. We serve clients in Rock Hill, South Carolina, and throughout Chester County and Lancaster County, South Carolina. Let’s talk about your injury and work toward the resolution you need.