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What If a Car Accident Made a Preexisting Injury Worse?
Living with the lingering effects of an old injury can already be hard enough. Then a careless driver hits you, and the pain you had been able to manage for years suddenly becomes far worse. You know that you need help to recover, but you may wonder if you even have a case, since the injury was already there. In reality, you very likely do. The law does not punish accident victims for having a medical history.
When a crash worsens an old injury:
- Use medical records to show a clear change from your baseline status
- Seek prompt treatment and follow through to link your worsened condition to the crash
- Counter common insurance defenses with clear evidence and a lawyer’s advocacy
At The Law Office of Scott Righthand, P.C., we have helped injured people across the San Francisco Bay Area recover just compensation since 1992. We understand the worry of increasing bills and the frustration of an insurance company that blames a prior condition. If you are dealing with the aftermath of an accident that aggravated an old injury, reach out to our team to discuss your situation.
Understanding Aggravation Versus a New Injury
Two terms come up often in these cases:
- A new injury is harm that did not exist before the crash, such as a broken arm from the collision.
- An aggravated injury is an existing condition that the accident made worse, such as a previously stable back problem that now causes elevated pain.
This distinction matters because it helps shape your claim. Under California law, the at-fault driver is responsible for the harm the crash caused, even if you were not in perfect health. This rule is often called the “eggshell plaintiff” doctrine. In plain terms, the fact that you had a prior condition does not let the other side off the hook.
Using Medical Records to Show a Change From Your Baseline
The heart of an aggravation-based claim is proof that your condition was changed by the accident. Your medical records tell that story. Helpful evidence includes:
- Records from before the crash that show the prior condition and how it was managed
- New records that document increased pain, reduced mobility or fresh symptoms after the accident
- Imaging such as X-rays or MRIs that compare your condition before and after
- A doctor’s opinion connecting the worsening of your injury to the collision
When your records show a stable condition before the crash and a clear decline afterward, that contrast becomes powerful proof of the harm the accident caused.
Why Treatment Timing and Follow-Through Matter
When you seek care also says a lot about your claim. Prompt treatment creates a record that helps tie your worsened condition directly to the accident. After an accident, you should:
- See a doctor as soon as possible, even if your pain feels familiar at first.
- Attend every follow-up appointment and complete your recommended therapy.
- Tell each provider that a car accident made your prior condition worse.
- Avoid long gaps in care, which can give insurers room to argue that your pain came from something else.
Consistent, timely treatment protects your health and strengthens the link between the crash and your exacerbated injury.
Common Insurance Defenses and How Evidence Can Counter Them
Insurance companies expect aggravation claims, and they often fall back on a few standard responses. Knowing what these can look like helps you and your lawyer prepare to stand against them. You may hear defenses like:
- “The injury existed before the crash.” Yes, but your before-and-after records show how much your condition declined after the accident.
- “The pain comes from normal aging or daily life.” A doctor’s opinion can tie the change in your pain directly to the collision.
- “The gap in treatment proves you were fine.” Steady, documented care removes the opportunity for this argument.
- “The impact was too minor to cause harm.” Medical evidence and expert testimony can show how even a low-speed crash can worsen an already-fragile condition.
Strong evidence is the best answer to each of these tactics, and an experienced injury lawyer knows how to gather it and present it clearly.
Retain the Support You Deserve
A car accident that worsens an old injury can still be the basis of a strong injury claim. The keys are understanding the difference between aggravation and a new injury, documenting the change from your baseline, getting treatment promptly and answering insurance defenses with solid proof.
You do not have to face insurance companies and their tactics alone. The Law Office of Scott Righthand, P.C. offers a free, no-obligation case evaluation to discuss your options. Contact us today to get started with our team.
