How Pre-Existing Conditions Impact Your Personal Injury Case
Dec. 1, 2025
When an accident occurs, the injuries sustained often take center stage in any personal injury claim. However, if you have a previous injury condition, it can significantly affect the way your case is evaluated and the compensation you may receive.
Insurance companies and opposing parties often scrutinize pre-existing conditions to determine whether your current injuries were truly caused by the accident or merely aggravated by it. Understanding how prior health issues factor into a personal injury claim can help you protect your rights and make informed decisions.
Rossi & DeMarco, PLLC, based in Tonawanda, New York, serves clients in Amherst, Wheatfield, and throughout Erie and Niagara counties. Our lawyers handle cases involving pre-existing conditions with attention to detail and a commitment to strong representation.
If you've been injured and have a previous injury condition, consulting an experienced lawyer can be crucial to preserving your claim. Contact us today to discuss your situation and explore your options.
How Previous Injury Conditions Are Considered in Personal Injury Claims
A previous injury condition can influence multiple aspects of a personal injury case, from liability determinations to the calculation of damages. Insurance companies might argue that your injuries were caused by a prior condition rather than the accident, potentially reducing the amount of compensation they offer.
Courts typically assess the extent to which the accident worsened your existing condition. Key factors considered:
Medical documentation matters: Accurate records showing your health status before the accident are essential. These documents help distinguish between pre-existing conditions and new injuries resulting from the incident.
Causation and aggravation: Lawyers often focus on proving that the accident aggravated your previous injury condition, making you entitled to compensation for the additional harm suffered.
Professional testimony: Medical professionals may provide testimony clarifying how much of your injury is attributable to the accident versus pre-existing factors.
Transitioning from understanding how these conditions are assessed, it’s important to explore the types of cases where previous injuries commonly impact claims.
Common Types of Cases Affected by Previous Injury Conditions
Certain personal injury claims are more likely to involve complications due to prior conditions. Recognizing these types can help you better prepare your case.
Car accidents: Individuals with prior back or neck injuries may find insurance companies disputing new claims, arguing the injuries were pre-existing.
Slip-and-fall incidents: Individuals with prior knee, hip, or shoulder issues may face challenges proving that a fall directly caused additional harm.
Workplace injuries: Employees returning to work after previous injuries may have difficulty separating old injuries from new workplace incidents.
Sports and recreational injuries: Past sports-related injuries, such as torn ligaments or concussions, can complicate claims when similar injuries occur during new activities.
Understanding these types of cases allows your lawyer to focus on providing the evidence needed to highlight how the accident worsened your condition.
How Insurance Companies Treat Previous Injury Conditions
Insurance adjusters often review pre-existing injuries to minimize payouts. They may argue that the current injury was part of your prior condition rather than a result of the incident.
Techniques used by insurers include:
Reviewing old medical records for any history of similar complaints.
Asking detailed questions about previous symptoms during depositions.
Using independent medical examinations to challenge the extent of your injuries.
Rossi & DeMarco, PLLC, works to counter these tactics by carefully documenting how the accident specifically aggravated your previous injury condition. Proper legal guidance helps make sure your claim isn’t undervalued.
Documenting Your Previous Injury Condition
Accurate documentation is crucial to establishing the impact of a pre-existing injury. Without proper records, it can be difficult to distinguish new injuries from prior conditions.
Medical records: Include diagnosis, treatment history, and ongoing restrictions or limitations.
Imaging studies: X-rays, MRIs, and CT scans provide objective evidence of changes in your condition.
Personal logs: Keeping track of pain levels, mobility issues, and daily limitations supports your claim.
Witness statements: Testimonies from coworkers, family, or friends can demonstrate changes in your physical abilities after the accident.
Documentation helps lawyers present a clear narrative showing that the accident caused additional harm beyond your pre-existing condition.
Proving Aggravation of a Previous Injury Condition
To recover damages, it's often necessary to show that the accident worsened your previous injury condition. This requires linking the new accident directly to increased pain, limitations, or medical needs.
Medical personnel's opinions: Professionals can explain how the accident accelerated degeneration or worsened prior injuries.
Symptom progression charts: Visualizing changes in mobility, strength, or pain can illustrate aggravation.
Treatment history comparison: Comparing treatment before and after the accident highlights added severity or new therapies needed.
Effective proof allows the court or insurer to separate pre-existing issues from the accident-related harm, increasing the likelihood of fair compensation.
Challenges in Cases Involving Previous Injury Conditions
Cases with prior injuries often face unique hurdles. Understanding these challenges can help you and your lawyer address them proactively.
Causation disputes: Insurers may argue that your injuries were unrelated to the accident.
Reduced compensation: Previous conditions can lead to lower settlement offers, even if the accident worsened your injury.
Longer legal timelines: Cases may take longer due to additional medical evaluations and professional testimony requirements.
Skeptical juries: Juries may be wary of claims involving pre-existing conditions, making clear evidence critical.
Despite these challenges, an experienced personal injury lawyer familiar with Erie County and Niagara County law can help develop strategies to highlight the accident's role in aggravating your injury.
Strategies Lawyers Use to Strengthen Claims
When dealing with a previous injury condition, careful planning and evidence collection can make a significant difference in the strength of your claim. Lawyers have several approaches to strengthen claims when a previous injury condition is involved.
Gathering extensive medical records: A thorough review makes sure every aggravation and treatment is documented.
Hiring medical experts: Experts provide testimony differentiating pre-existing injuries from new damage.
Using visual evidence: Imaging, videos, or photographs can illustrate changes or increased limitations.
Chronological injury timelines: Documenting when symptoms appeared or worsened helps clarify causation.
By applying these strategies, lawyers like Rossi & DeMarco, PLLC, build compelling cases demonstrating the accident’s impact on your health.
Calculating Damages with a Previous Injury Condition
When a previous injury condition is involved, calculating damages can be more intricate. Courts and insurers consider both pre-existing limitations and new impairments, including medical expenses for treatment caused by the accident, lost income or reduced earning capacity, pain and suffering, and any future medical needs stemming from the aggravated injury.
A lawyer can help make sure damages are calculated accurately, taking into account both your prior condition and the additional harm from the accident.
How Comparative Fault May Affect Your Case
In cases involving previous injury conditions, comparative fault may also come into play. If the accident and pre-existing issues both contribute to your current condition, courts may adjust compensation based on percentage responsibility.
Partial fault considerations: Your lawyer can present evidence that the accident was the primary cause of new injuries.
Mitigation of damages: Demonstrating proactive treatment or therapy after the accident can reduce claims that the pre-existing condition worsened independently.
Negotiating settlements: Lawyers use comparative fault analysis to advocate for compensation proportionate to accident-related harm.
Understanding how comparative fault interacts with pre-existing injuries is critical for achieving fair outcomes, and careful legal guidance can help make sure your claim reflects the full impact of the accident.
Settlements Versus Trials with Previous Injury Conditions
Cases with prior injuries can either settle or go to trial, each with its own considerations. Settlements may be influenced by pre-existing injuries, with lawyers highlighting aggravation to secure fair compensation. Trials require clear evidence and professional testimony but can sometimes result in higher awards if the accident’s impact is well-documented.
Lawyers help clients weigh the risks and benefits of each approach, especially when a previous injury condition is involved.
Preventing Issues With Previous Injury Conditions
Taking proactive steps can help avoid complications when filing a personal injury claim. Keep thorough medical records of ongoing conditions and treatments, report any new symptoms promptly, and seek medical care immediately after an accident. Consulting a lawyer early also helps structure your claim effectively.
Being proactive protects your claim and allows your lawyer to focus on showing how the accident aggravated your previous injury condition.
Your Rights and Options
Even with a previous injury condition, you have the right to pursue compensation for aggravation caused by an accident. Insurance companies may challenge your claim, but clear documentation and legal guidance can strengthen your case.
Recognizing the significance of pre-existing conditions helps you make informed decisions about treatment, evidence gathering, and claim strategies.
Right to compensation: You can recover damages for additional harm caused by the accident.
Right to legal representation: A lawyer can advocate for your rights and protect against unfair reductions.
Right to fair evaluation: Medical evidence and professional testimony can make sure the full impact of your injuries is considered.
Knowing these rights allows you to approach your case with confidence and clarity. Transitioning from understanding your rights, it’s essential to explore actionable steps to protect your claim.
Compassionate Legal Guidance
If you have a previous injury condition and have been injured in an accident, professional legal guidance can make a critical difference. Rossi & DeMarco, PLLC, in Tonawanda, New York, serves clients in Amherst, Wheatfield, and throughout Erie and Niagara counties, advocating for fair compensation. Our lawyers gather thorough evidence, consult medical professionals, and negotiate with insurers to protect your claim. Call today to discuss your case.