How Pre-Existing Conditions Affect Personal Injury Settlements

Having a pre-existing medical condition does not prevent you from filing a personal injury claim. If someone else’s negligence aggravated, accelerated, or worsened your existing condition, you may still be entitled to recover compensation under New York law. The key issue is not whether you had a prior injury—it is whether the accident made your condition worse.

Insurance companies often argue that your pain, disability, or medical treatment is the result of an old injury rather than the recent accident. While these arguments are common, they do not automatically defeat your claim. In many cases, the law protects accident victims through what’s commonly known as the eggshell plaintiff rule, which requires a negligent party to take an injured person “as they find them.”

If you’re concerned about a pre existing conditions personal injury case, understanding your rights can help you avoid accepting less compensation than you may deserve. Your case. Your future. Our priority. Contact Hill & Moin LLP today for a free consultation.

What Is the Eggshell Plaintiff Rule?

The eggshell plaintiff rule—sometimes called the “thin skull” rule—is a long-established legal principle recognizing that people do not all begin with the same physical condition.

In simple terms, if another person’s negligence causes your existing condition to become worse, the negligent party may still be responsible for the additional harm they caused—even if someone without your medical history might have suffered a less serious injury. The defendant must “take the plaintiff as they find them.”

For example:

• A person with arthritis is rear-ended in a motor vehicle accident.
• Before the crash, they occasionally experienced stiffness.
• After the crash, they require spinal injections, physical therapy, and surgery.

The accident did not create the arthritis, but it may have aggravated the condition, making the additional harm compensable.

What Is an Aggravation of a Pre-Existing Condition?

An aggravation occurs when an accident makes an existing medical condition significantly worse than it was before.

Examples include:

• Worsening a previous back injury
• Aggravating degenerative disc disease
• Making arthritis symptomatic
• Increasing chronic neck pain
• Turning a manageable knee injury into one requiring surgery
• Accelerating the need for joint replacement

You are generally not seeking compensation for the condition that already existed. Instead, you are seeking compensation for the additional injury, pain, treatment, or disability caused by the accident.

How Insurance Companies Use Pre-Existing Conditions Against You

Insurance companies routinely investigate a claimant’s medical history.

Common defense strategies include:

• Claiming your injuries existed before the accident.
• Requesting years of medical records.
• Arguing your pain is simply part of aging.
• Blaming degenerative conditions rather than the collision or fall.
• Suggesting the accident caused little or no additional harm.
• Offering reduced settlement amounts based on your prior medical history.

These tactics are common because insurers know that many people become discouraged after learning their medical history will be reviewed.

A prior injury, however, does not automatically eliminate your right to recover compensation. The important question is whether the accident caused additional injury or worsened your condition.

You deserve a law firm that prioritizes your recovery. Contact Hill & Moin LLP before accepting a settlement offer based on your medical history.

What Evidence Helps Prove Aggravation?

Medical documentation is often the most important part of a pre-existing condition claim.

Helpful evidence includes:

• Medical records from before the accident
• Emergency room records
• Diagnostic imaging (MRI, CT scans, X-rays)
• Physician opinions
• Surgical records
• Physical therapy records
• Pain management records
• Employment records documenting missed work
• Statements from treating physicians comparing your condition before and after the accident

Your doctors can often explain how the accident changed your symptoms, increased your pain, or accelerated your need for treatment.

Common Pre-Existing Conditions in Personal Injury Cases

Many successful injury claims involve individuals with prior medical conditions.

Common examples include:

• Degenerative disc disease
• Herniated discs
• Arthritis
• Prior spinal surgery
• Knee injuries
• Shoulder injuries
• Neck injuries
• Previous fractures
• Chronic pain conditions
• Osteoporosis

Having one of these conditions does not prevent you from pursuing compensation if another person’s negligence caused additional harm.

How Settlement Value Is Determined

Every case is unique.

Factors affecting compensation include:

Factor	Why It Matters
Your condition before the accident	Establishes your medical baseline.
Severity of aggravation	More significant worsening generally increases damages.
Medical treatment	Surgery, therapy, and ongoing care increase economic losses.
Future medical needs	Long-term treatment should be considered.
Lost wages	Time away from work affects settlement value.
Permanent limitations	Lifelong disability often increases compensation.

Insurance companies frequently focus on your prior condition. Your attorney focuses on proving how much worse the accident made it.

What Should You Do If You Have a Pre-Existing Condition?

Protecting your claim begins immediately after the accident.

Injury Claim Checklist

• Seek prompt medical treatment.
• Tell your physician about both your previous condition and your new symptoms.
• Follow all treatment recommendations.
• Attend follow-up appointments.
• Keep copies of medical records and bills.
• Avoid minimizing your symptoms.
• Do not assume your prior injury prevents a claim.
• Speak with an experienced personal injury attorney before accepting a settlement.

Honest and complete medical documentation generally strengthens—not weakens—your credibility.

How an Attorney Can Help

Cases involving pre-existing conditions often require careful medical analysis.

An attorney can help by:

• Obtaining complete medical records.
• Working with treating physicians and medical experts.
• Demonstrating the difference between your condition before and after the accident.
• Responding to insurance company arguments.
• Calculating future medical expenses and lost earning capacity.
• Negotiating for fair compensation or presenting your case at trial if necessary.

Frequently Asked Questions About Pre Existing Conditions and Personal Injury Cases

Can I sue if I already had a prior injury?

Yes. A pre-existing condition does not prevent you from filing a personal injury claim if another person’s negligence aggravated or worsened that condition. The focus is on the additional harm caused by the accident.

How do I prove the accident made my condition worse?

Medical records before and after the accident, diagnostic imaging, physician opinions, treatment history, and expert testimony can all help demonstrate that the accident aggravated your pre-existing condition.

Should I tell the insurance company about my prior injuries?

You should never conceal a pre-existing condition. Insurance companies frequently obtain medical records, and failing to disclose relevant medical history can damage your credibility. Your attorney can help ensure your medical history is presented accurately and in the proper context.

Will a pre-existing condition reduce my settlement?

Not necessarily. While insurers often attempt to reduce settlements by blaming prior conditions, New York law recognizes that a negligent party may still be responsible for aggravating an existing injury.

What if my condition was stable before the accident?

If your condition was controlled, asymptomatic, or only mildly symptomatic before the accident but became significantly worse afterward, that change may support a claim for compensation. Medical evidence documenting the difference is often critical.

Contact Hill & Moin LLP

A prior injury does not automatically prevent you from recovering compensation after an accident. If someone else’s negligence made your condition worse, you deserve an evaluation based on the facts—not assumptions about your medical history.

When your health, livelihood, or family’s future is on the line, every decision matters. Contact Hill & Moin LLP today for a confidential, no-obligation consultation to discuss your pre existing conditions personal injury case and your legal options. Complete our contact form or call us at (212) 668-6000.