Can Pre-Existing Conditions Affect My Personal Injury Case?

 Posted on February 28, 2025 in Personal Injury

Few people go through life without experiencing some kind of injury. When someone is injured in an accident, the new injuries can worsen pre-existing conditions. While the victim may still qualify to collect compensation through a personal injury claim, the liable insurer will probably try to deny liability due to the old injury.

This type of case can be challenging to deal with alone. You can trust our knowledgeable Rolling Meadows, IL personal injury attorneys to handle your case effectively, always focused on protecting your best interests.

What Kinds of Accidents Can Worsen Pre-Existing Conditions?

You may have an old back injury that, although healed, still flares up occasionally. You might have broken a bone a few years ago that still aches sometimes. You could be prone to seizures due to a concussion in a skiing accident last winter. Old injuries can rear their heads again if you are involved in an accident, such as a:

• Car, truck, or motorcycle collision

• Bus crash

• Pedestrian accident

• Slip and fall accident

Intentional injuries, like those caused by a bar fight or assault, can also cause new wounds and aggravate old ones. If you can prove that someone else’s intentional act or negligence caused your incident, you could be entitled to compensation. However, that is not all you need to prove.

If you are more than 50 percent responsible for causing your incident, you are likely disqualified from obtaining a settlement. Along with proving another party’s fault, you must also establish that your degree of fault allows you to pursue a claim. You also need to prove how the new injuries affect you.

How Can New Injuries Worsen Old Conditions, and How Does That Affect My Claim?

Some are born with conditions that can make life challenging, and people with congenital conditions can be further inconvenienced by a new injury. In a recent case, we won a substantial amount for a car accident victim whose back and foot were injured in the crash. Because he was born with one hand, his injuries further limited his ability to work. His congenital condition influenced his personal injury claim in his favor.

In most cases, however, the existence of a pre-existing condition could give insurance companies an excuse to deny your claim. For example, suppose you are injured in a car crash. Using the examples of previous injuries from above, that collision could cause spinal cord damage, newly broken bones, or traumatic brain injury.

Because these are similar to the old injuries, the insurer may argue that your current pain, medical expenses, and prognosis are mostly due to your prior condition. That loophole could help them escape liability for paying your claim unless you have an experienced attorney advocating for you.

Speak With a Dedicated Arlington Heights, IL Pre-Existing Conditions Lawyer

After sustaining injuries in an accident, you should not have to fight an insurance company trying to withhold the compensation you are entitled to. Newland & Newland, LLP will fight on your behalf while you recover. Schedule your free case review with one of our skilled Schaumburg, IL personal injury attorneys online or by calling 847-797-8000 today.