How Does A Pre-Existing Condition Affect My Car Accident Case?

Illinois Accident Attorneys Reveal Proven Strategies to Help Car Crash Victims With Pre-Exiting Injuries

If you’ve been injured in a car accident and have a pre-existing medical condition, such as prior back or neck pain, you may wonder how it will impact your personal injury claim. Insurance companies often use pre-existing conditions as an excuse to deny or minimize compensation. However, having a pre-existing condition does not mean you cannot recover damages—especially if the accident worsened your condition or caused new injuries.

This situation is more common than you might think. According to the Centers for Disease Control and Prevention (CDC), 1 in 4 Americans suffer from a pre-existing condition, such as arthritis, back pain, or knee pain. Car accidents frequently aggravate these conditions, leading to increased pain, costly medical treatment, and lost quality of life.

Legally, pre-existing conditions can complicate cases, but they don’t necessarily serve to prevent your recovery. The National Highway Traffic Safety Administration (NHTSA) reports that around 2.5 million injuries occur in car accidents annually, many of which involve individuals with prior health conditions. Experienced Illinois accident attorneys know how to handle these challenges, ensuring that insurers don’t use pre-existing conditions to unfairly deny claims.

In this blog, we consider how pre-existing conditions affect car accident cases, what laws protect accident victims, and how our experienced injury attorneys address these claims to secure fair compensation for their clients.

What Is a Pre-Existing Condition?

A pre-existing condition is any medical issue or injury that existed before the car accident. Common examples include:

• Chronic conditions such as arthritis, degenerative disc disease, or osteoporosis
• Old injuries like prior back, neck, or joint problems
• Lingering issues from previous surgeries or accidents
• Mental health conditions such as anxiety, depression, or PTSD

The existence of a pre-existing condition does not mean you are ineligible for compensation. If the accident aggravated your condition or caused new harm, the at-fault driver can still be held responsible for the damages you suffered in the accident.

Key Legal Principle: The Eggshell Plaintiff Rule

Under Illinois law, the “Eggshell Plaintiff Rule” ensures that a person with a pre-existing condition can recover damages if an accident worsens their condition. This legal doctrine holds that defendants must take plaintiffs “as they are” and holds a defendant liable for all injuries they caused, even if an injury is an aggravation of a pre-existing condition.

For example:
If you had a pre-existing back injury, and a rear-end collision made that injury significantly worse, the at-fault driver is responsible for the additional harm caused. The defendant cannot argue that your condition makes you less deserving of compensation. Instead, they are held liable for the full impact of the accident.

How are Juries Instructed on How to Handle Pre-Existing Conditions?

The Illinois Pattern Civil Jury Instructions (IPI) 30.00 pertains to damages and guides juries on considering the harm caused in personal injury cases. Specifically, it instructs juries to award damages for the injuries the jury finds that caused by the defendant’s negligence, including any aggravation of a pre-existing ailment or condition.

The jury instructions ensure that juries fully evaluate the true harm caused by the car accident and avoid penalizing plaintiffs for pre-existing vulnerabilities.

How Insurance Companies Use Pre-Existing Conditions to Their Advantage

Insurance companies frequently use pre-existing conditions as a defense to reduce or deny claims. Their most common tactics include:

1. Blaming the Pre-Existing Condition: Adjusters argue that your pain or limitations existed before the accident and were not caused by the crash.
2. Minimizing the Worsening of the Condition: Insurers claim that the accident had little to no impact on your pre-existing issue.
3. Demanding Extensive Medical Records: They may request years’ worth of medical history, hoping to find something to undermine your claim.

These tactics can be frustrating and intimidating, but with the help of an experienced Illinois injury attorney, you can overcome them.

How an Experienced Naperville Car Accident Attorney Proves Worsening of a Pre-Existing Condition

An experienced car crash attorney knows how critical it is to demonstrate the connection between the accident and a worsening of the plaintiff’s pre-existing condition. One effective strategy is to elicit testimony during depositions from the treating physician or a medical expert. By using detailed questions and supporting evidence such as diagnostic imaging (e.g., MRI studies or X-rays), an attorney can highlight new or worsened symptoms that emerged after the accident.

For example, let’s say a client had a mild herniated disc in their spine prior to the accident but was able to live an active, pain-free life. After the accident, the client began experiencing significant pain, numbness, and reduced mobility. During the deposition, the attorney could question the treating doctor:

1. Before the Accident:
   • “Doctor, can you describe the patient’s condition prior to the accident based on your medical records?”
   • “How would you characterize their symptoms at that time—mild, moderate, or severe?”
2. After the Accident:
   • “What symptoms did the patient report after the accident? Were they different or more severe?”
   • “Did you order any diagnostic tests, such as an MRI, to evaluate the patient’s condition? What did those tests reveal?”
3. Causation and Worsening:
   • “Based on your medical expertise, is it your opinion that the car accident aggravated or worsened the pre-existing condition?”
   • “Would you agree that the patient’s post-accident symptoms are consistent with new or exacerbated spinal injuries?”

Through the plaintiff’s doctor’s testimony, combined with MRI studies and clinical records, the attorney can prove that the accident caused new damage or worsened the pre-existing condition, creating a compelling argument for compensation for the injuries the plaintiff suffered as a result of the car accident.

Frequently Asked Questions About Pre-Existing Conditions in Car Accident Cases

Q: Can I still recover damages if I had a pre-existing condition?
Yes. If the accident made your condition worse, you are entitled to compensation for the additional harm caused.

Q: How do I prove the accident aggravated my pre-existing condition?
Medical records, expert opinions, and diagnostic imaging can demonstrate the difference between your condition before and after the accident.

Q: Will my pre-existing condition reduce the value of my claim?
It can, but not in every case. The key is proving that the accident worsened your condition or caused new and distinct symptoms or injuries.

Q: Do I have to disclose my pre-existing condition?
Yes. Honesty is essential. Failure to disclose a pre-existing condition can harm your credibility and your case.

Q: How do insurance companies use pre-existing conditions against me?
Insurers often argue that your injuries existed before the accident or that the accident didn’t significantly worsen your condition.

Q: Do I need an attorney if I have a pre-existing condition?
Yes. An attorney can gather evidence, consult medical experts, and counter insurance tactics to ensure you receive fair compensation.

How Do Our Attorneys Confront The Issue Of A Client’s Pre-Existing Injury?

“Insurance companies often look for any excuse to minimize a claim, and pre-existing conditions are one of their go-to strategies. However, the law protects individuals whose conditions are aggravated or worsened by an accident. With the right preparation, medical evidence, and strategy, we can often overcome many of the challenges posed by a client’s pre-existing condition and secure the fair measure of compensation our clients deserve. We have successfully handled many cases like this and know what it takes to win.”— John J. Malm, Naperville Car Accident Attorney

Why Legal Representation Matters If You Have A Pre-Existing Condition

When you have a pre-existing condition, successfully proving your case requires careful preparation, strong medical evidence, and a clear legal strategy. Insurance companies rely on these situations to undermine claims, but with the right attorney, you can level the playing field.

At John J. Malm & Associates, we bring over 90 years of collective litigation experience and have recovered millions of dollars for our clients each year. Our team of dedicated Naperville car accident lawyers knows how to handle complex cases involving pre-existing conditions and will fight back against insurance companies that try to devalue your claim.

Don’t Let a Pre-Existing Condition Stand in Your Way of Financial Compensation

A pre-existing condition does not prevent you from recovering compensation after a car accident. If the accident worsened your condition or caused new harm, the law is on your side. With the help of experienced attorneys and strong medical evidence, you can achieve a fair outcome.

At John J. Malm & Associates, we are committed to helping clients overcome these challenges and helping them get compensation for their injuries. Contact our Naperville or St. Charles offices today for a free consultation, and let us fight for the compensation you deserve.