Can a Preexisting Condition Hurt Your Car Accident Case? Date: Jun 16, 2022

Can a Preexisting Condition Hurt Your Car Accident Case?

When you experience a car accident, the days, weeks and months ahead can be full of uncertainty. One of the questions many injured people like you ask is if preexisting injuries impact your potential case.

What Is a Preexisting Injury?

A preexisting injury is any condition or trauma you had before experiencing the accident. This can be prior surgeries, accidents or health conditions you’ve had. In simple terms, it’s something your recent accident didn’t cause.

Some examples of preexisting issues include:

  • Residual back pain from a previous fall.
  • Nerve or joint pain resulting from a health condition like diabetes, rheumatoid arthritis or fibromyalgia.
  • A history of migraines.
  • Residual pain from a surgical procedure, such as a knee replacement.

Will My Preexisting Conditions Affect My Car Accident Settlement?

Generally speaking, you cannot receive compensation for an injury or issue you already had before the accident. Yet, a preexisting condition can be aggravated by a car accident. A worsened condition may entitle you to additional compensation.

Based on your unique case details, your Argionis & Associates attorney can give you more specific advice about an aggravated injury settlement exception.

How Can I Prove That My Car Accident Injury Wasn’t a Preexisting Condition?

Following an accident, the insurance company has one goal — to close out the claim by spending as little as possible. That means they’ll likely look for any reason to lessen or deny your claim.

So, how do you demonstrate that the accident caused or worsened your condition? For injured people with preexisting conditions who are bringing a personal injury lawsuit, we may recommend disclosing health records and bringing in expert medical testimony in court.

Your health history forms an important baseline for determining the extent and degree of any preexisting condition. These documents include medical and prescription medication records and more. Such evidence could be vital in proving your accident caused or worsened your condition.

In some cases, your care professional or another medical expert may have to testify on your behalf. We’ll collaborate with your doctors or refer you to a member of our experienced provider network. Your Chicago car accident attorney from Argionis & Associates will fight to protect your rights and get you the award you need and deserve.

What Should I Do If a Car Accident Aggravated a Preexisting Injury?

If your preexisting injury was aggravated by your accident, it’s reasonable to request compensation for the increased need for treatment or pain management.

For example, suppose you injured your back in a fall on an icy Chicago sidewalk 20 years ago. You’ve recovered enough to have no trouble walking and experience little to no pain. Since your recent car accident, though, you can no longer walk without severe pain. It may be possible to get a preexisting back injury settlement if medical records prove the accident worsened your condition.

Your first step should be to consult with an experienced personal injury attorney at the Law Offices of Argionis & Associates. We can review the details of your accident and medical history to pursue the amount of damages you deserve for your ongoing pain and care.


Get a Free Consultation for Your Chicago Car Accident Case

We’re here for you when you’ve experienced a car accident in Chicago. Our compassionate and skilled team of attorneys knows what it takes to build a successful case. We get serious results even for those with a preexisting condition, and there’s no fee if we don’t win for you. Schedule your free consultation today, or call a team member for assistance.

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.