What Happens If an Accident Makes a Pre-Existing Injury Worse?

Many people aren’t in perfect health when an accident happens. You may have an old injury or a chronic health problem like back pain, arthritis, or diabetes before you get hurt in a car crash or a slip-and-fall.

You might wonder: what does this mean for your personal injury claim?

Having a pre-existing health problem can make your claim more complicated, but it does NOT mean you can’t receive compensation. Medical records and the details of your condition before and after the accident will play a big role in your case.
 

Common Pre-Existing Injuries and Conditions

Accidents can make pre-existing injuries or conditions worse. Common examples include:
 

• Old broken bones
• Chronic back or neck pain
• Previous concussions or brain injuries
• Strains and sprains

Accidents can also worsen ongoing health problems such as:
 

• Arthritis
• Degenerative disc disease
• Diabetes
• Fibromyalgia
• Heart disease

 

How Pre-Existing Conditions Affect Your Claim

When you make a personal injury claim, you aren’t asking for money for health problems you already had.

However, if someone else’s carelessness made your pre-existing condition worse, that party or their insurance can be held responsible for the change.

It can be hard to prove exactly how much worse your injury is because of the accident. For example:
 

• If you had no back pain before the accident and now you do, it’s clear the accident caused it.
• If you already had back pain, the other side might argue that your current pain is mostly from your old injury.

You’ll need to show how your condition was before the accident, and how it has changed since then with detailed medical records. Experienced lawyers can help with this.
 

Calculating Damages When a Pre-Existing Condition Is Made Worse

Even if you prove the accident made your injury worse, figuring out how much compensation you should receive can be tough. Typical damages might include:
 

• Prescription medications
• Medical treatments (like chiropractor visits)
• Lost wages from missed work
• Pain and suffering

Pain and suffering is especially hard to measure when you already had discomfort before the accident. Insurers might argue your requests are too high, so you have to be prepared to explain and document your worsening condition.
 

The “Eggshell Plaintiff” Rule

There’s an important legal rule called the "eggshell plaintiff" rule. It means that a person responsible for an accident must pay for all injuries caused—even if the victim was more likely to be badly hurt because of a health condition.

For example, if someone with osteoporosis breaks their hip in a minor fall, the person or business at fault still has to pay for the injury and related treatment.
 

Sometimes Pre-Existing Injuries Can Help Your Case

Clear medical records about your health before the accident can make it easier to show how the accident made things worse.

For instance, if scans taken shortly before the accident show your back was healthy, but scans after the accident show a new herniated disc, it supports your case.
 

Getting Help With a Complicated Claim

A pre-existing injury makes a claim more challenging, but it does not mean you have no case. If the other side’s insurance company tries to use your health history against you, having an experienced injury lawyer is important.

They know how to present your medical records and may bring in medical experts to help prove your case.

If you’re considering making an injury claim and have a pre-existing condition, consider finding a knowledgeable personal injury lawyer to guide you through the process.

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