Can You Get Compensation if an Accident Worsens an Old Injury?

Living with chronic pain or an old injury is a daily challenge. You learn to manage the discomfort and adapt your life around it. But when a sudden accident like a car crash or a slip and fall makes that old injury drastically worse, the physical, emotional, and financial strain can be immense. For over 75 years, the attorneys at Brassfield & Krueger have helped injury victims in Illinois, many of whom had pre-existing conditions. We want to be clear: having a prior injury does not automatically prevent you from receiving compensation.

You may still be able to seek compensation if the accident:

• Was caused by someone’s negligence
• Significantly increased your pain levels.
• Caused your condition to spread to other parts of your body.
• Required new or more intensive medical treatments, like surgery.
• Accelerated the need for a future medical procedure.

Let’s take a closer look at what seeking compensation for an aggravated pre-existing injury looks like so you can move forward more confidently.

Will Compensation Be Lower if I Had an Old Injury Before the Accident?

No, your compensation is not automatically reduced just because you had a pre-existing condition. The law follows a principle known as the “eggshell plaintiff rule,” which means the responsible party must “take their victim as they find them.” Courts recognize that even if you weren’t in perfect health before, the accident caused new harm by aggravating your old injury. Your settlement will be based on the extent to which the accident worsened your daily pain, limited your mobility, or required new treatments you otherwise would not have needed.

What if the Insurance Company Denies My Claim Because of My Medical History?

It is common for insurance companies to try to deny a claim by arguing that your pain is only from your old injury and not the recent accident. Insurers often dig through your past medical records, looking for any excuse to avoid paying what you rightfully deserve. However, a denial is not the final word. You have the right to appeal their decision and challenge their findings through legal action.

How Can I Prove an Accident Made an Existing Injury Worse?

To demonstrate that an accident worsened a pre-existing condition and warrants compensation, you can take the following steps:

1. Gather Comprehensive Medical Documentation: The most crucial element is your medical records. You will need to collect documents from both before and after the accident.
2. Compare “Before and After” Records: This comparison is essential to illustrate a clear change in your health. For example, you might contrast a previous diagnosis of manageable back pain with new records showing a significantly worsened condition that now requires more intensive treatment, like surgery.
3. Obtain New Diagnostic Imaging: Request new MRIs, X-rays, or other relevant scans. These can provide objective, visual proof of how the injury has worsened since the accident.
4. Secure Expert Medical Opinions: Testimony from medical professionals is vital. Your doctors can provide expert opinions that connect the worsened condition directly to the accident, explaining the medical reasons for the change in your health.
5. Keep a Personal Pain Journal: Document your daily symptoms, pain levels, and any limitations on your activities. A detailed journal provides a personal, day-to-day account of how your life has been impacted since the accident, which can be compelling evidence.

How Can a Lawyer Help Me Fight Back?

A personal injury lawyer knows the tactics insurance companies use and can build a strong case to counter their arguments. Your attorney will gather all necessary evidence, consult with medical professionals to get their official opinions, and clearly demonstrate how your life has changed since the accident. Having legal representation levels the playing field, protecting your rights against insurers who are focused on minimizing or denying your claim.

Don’t Let Them Ignore Your Pain

Having a pre-existing injury does not take away your right to compensation when someone else’s negligence makes it worse. Your first steps should always be to seek medical care for your health and then get legal guidance to protect your claim. The attorneys at Brassfield & Krueger are here to help you understand your options for recovery and justice.

Speak with a personal injury lawyer at our Rockford office today to get the help you need.