Can Pre-Existing Medical Conditions Impact Your Personal Injury Lawsuit?

If you’ve been injured in an accident—whether in a car crash, slip and fall, or workplace incident—and you have a history of medical issues, you may wonder: Can a pre-existing condition hurt my case?

The answer is not straightforward, but the good news is that New York law protects individuals with pre-existing medical conditions. In fact, under certain circumstances, those conditions can play a role in strengthening, not weakening, your claim. Let’s take a closer look at how pre-existing conditions affect personal injury lawsuits in New York.

What Is a Pre-Existing Medical Condition?

A pre-existing medical condition is any health issue or injury that existed before the incident giving rise to your claim. These conditions can range from chronic illnesses like arthritis or asthma to lingering injuries from previous accidents, such as herniated discs, knee injuries, or even psychological disorders like PTSD or depression.

Some common examples include:

• A bad back from a previous car accident
• Joint pain or limited mobility from past surgeries
• Degenerative disc disease or arthritis
• Old fractures or soft-tissue injuries
• Asthma or chronic respiratory conditions
• Mental health disorders

Importantly, the existence of a pre-existing condition does not disqualify you from pursuing a personal injury claim. What matters is whether the new incident worsened or aggravated the condition.

New York Law: The “Eggshell Plaintiff” Rule

One of the most important doctrines relevant to personal injury claims involving pre-existing conditions is known as the “eggshell plaintiff” rule. Under this legal principle, the defendant is liable for the full extent of your injuries, even if you were more vulnerable to injury than a “healthy” person might be.

In other words, the defendant must take the plaintiff “as they find them.”

Example: Imagine a person has a prior neck injury from a workplace accident years ago. They are later rear-ended in a car crash, and their neck pain becomes significantly worse. Even though their neck was already injured, the defendant in the car crash is still responsible for the additional harm caused.

This doctrine is well-established in New York and plays a crucial role in ensuring that individuals with pre-existing conditions are not unfairly penalized simply because they were already dealing with a medical issue.

How Do Pre-Existing Conditions Affect the Legal Process?

While you are legally entitled to compensation if your condition is aggravated, these cases are often more complex. Several key aspects of the legal process come into play:

1. Causation and Aggravation

The burden is on the plaintiff to prove that the accident aggravated or exacerbated a pre-existing condition. This often requires comparing your medical condition before and after the incident through:

• Medical records
• Diagnostic tests (MRIs, CT scans, X-rays)
• Statements from treating physicians or medical experts

These documents must clearly demonstrate a change in baseline health status resulting from the incident.

2. Medical Documentation and Expert Testimony

You can expect that the defense will scrutinize your medical history. Therefore, meticulous documentation is essential. Expert testimony from doctors, especially specialists, can explain:

• The natural progression of your pre-existing condition
• How the accident caused a measurable aggravation or new injury
• Why your current symptoms are distinguishable from prior symptoms

Sometimes, a biomechanical or accident reconstruction expert may be necessary to support claims of causation.

3. Dealing with Insurance Companies

Insurance companies often try to argue that all your pain and suffering is due to your pre-existing condition, rather than the accident. Their goal is to:

• Minimize payouts
• Deny the existence of “new” injuries
• Argue that you were already impaired

This is why having an experienced personal injury attorney involved early in the process is crucial. They can shield you from aggressive adjusters and ensure that your rights are protected throughout.

Practical Example

Let’s say you were in a car accident in Albany. You had a history of lower back pain from an old workplace injury. After the crash, your symptoms intensified—you now experience pain down your legs (sciatica), need physical therapy, and have been prescribed new medications.

In such a case, your lawyer would compare:

• Your medical records before the accident (baseline symptoms)
• New diagnostic images or reports showing worsening of the condition
• Physician notes explaining the causal relationship

Honest Disclosure is Key

When dealing with pre-existing conditions, transparency is essential. Trying to hide or downplay a previous injury can seriously damage your credibility—and your case.

Some plaintiffs worry that if they disclose an old injury, it will be used against them. However, the opposite is often true. Full disclosure allows your legal team to:

• Frame the injury properly (i.e., the worsening of a condition)
• Prepare for counterarguments by insurance companies
• Emphasize the human element—your life was manageable before, but now it’s been severely disrupted

Courts and juries tend to be sympathetic to plaintiffs who are honest and straightforward, particularly when there is clear medical evidence of a significant decline after the accident.

Damages and Compensation

If a pre-existing condition worsens due to an accident, you may be entitled to the following damages:

• Medical expenses: Hospital visits, physical therapy, medications, surgeries
• Lost wages: If the aggravation has kept you from working or reduced your ability to earn
• Pain and suffering: Compensation for the physical and emotional toll of worsening symptoms
• Loss of enjoyment of life: If the condition now limits your mobility or quality of life more than it previously did

Under New York’s comparative negligence rules, your damages can be reduced if you are found partially at fault, but having a pre-existing condition does not count as “fault.”

How Courts View These Claims

New York courts generally apply a fact-specific analysis when dealing with pre-existing conditions. They rely heavily on:

• Expert medical testimony
• Consistency in the plaintiff’s narrative
• Medical timelines that clearly document the worsening of symptoms

This highlights the importance of demonstrating differentiation—how things changed after the incident.

Tips to Protect Your Claim

If you have a pre-existing condition and are considering a personal injury lawsuit in New York, here are some practical steps to protect your legal rights:

• Seek medical attention immediately.
  Even if your initial symptoms seem mild, prompt care creates a record of your condition post-accident.
• Tell your doctors everything.
  Be candid about your history and how your symptoms have changed. They can only document what you share.
• Avoid social media.
  Insurers may use your posts to argue that your injuries aren’t as serious as claimed.
• Work with a qualified attorney.
  Choose an attorney with experience handling cases involving pre-existing conditions in New York.
• Organize your records.
  Keep copies of all medical bills, test results, prescriptions, and time missed from work.

How Harding Mazzotti Can Help with Pre-Existing Condition Cases

At Harding Mazzotti, we understand that personal injury cases involving pre-existing conditions require a thoughtful and strategic approach. Our experienced legal team is equipped to handle the complex medical and legal issues that often arise in these situations. Here’s how we support our clients every step of the way:

• Comprehensive Case Evaluation. We begin with a thorough review of your medical history and the circumstances of your accident to determine how the incident aggravated your existing condition. Our attorneys identify key evidence, such as medical records and accident reports, that will help establish a clear timeline and demonstrate how your condition has changed.
• Collaboration with Medical Experts. Our team works closely with board-certified physicians, specialists, and other medical professionals to provide expert opinions. These experts can distinguish between pre-existing symptoms and those caused or worsened by the new incident. Their input is often crucial to validating your claim and countering insurance company arguments.
• Strategic Legal Argumentation. We apply well-established New York legal doctrines, like the “eggshell plaintiff” rule, to hold negligent parties fully accountable. Our attorneys craft persuasive arguments that focus on the aggravation of your condition, ensuring that your vulnerability is not used against you but rather understood as part of your rightful claim.
• Aggressive Insurance Negotiation. Insurance companies frequently attempt to downplay claims by blaming pre-existing conditions. We anticipate these tactics and are prepared with medical evidence and legal precedents that refute such claims. Our negotiation approach is aggressive and data-driven, aimed at securing the maximum compensation possible.
• Trial-Ready Litigation Support. If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to court. Our litigation team has decades of combined experience with personal injury trials in New York State, including those involving complex medical backgrounds. We present clear, compelling evidence to judges and juries that demonstrates the full impact of your injuries.
• Compassionate Client Advocacy. At Harding Mazzotti, we believe in treating every client with respect and empathy. We provide clear communication throughout the legal process and tailor our representation to your unique circumstances. We know how stressful dealing with both injuries and insurance companies can be, especially when you already have a medical history to navigate—and we are here to take that burden off your shoulders.

You Deserve Fair Compensation

Having a pre-existing medical condition does not diminish your right to pursue justice. On the contrary, New York personal injury law recognizes that many individuals come into an accident with physical or psychological vulnerabilities, and that those vulnerabilities should not be used against them.

Whether your condition was mild or severe before the incident, you are entitled to seek compensation for any worsening that resulted from someone else’s negligence. With proper documentation, expert support, and strong legal representation from our firm, you can build a compelling case that reflects the true impact the accident has had on your life.

Contact Harding Mazzotti

If you or a loved one has suffered an injury that worsened an existing medical condition, contact Harding Mazzotti for a free consultation. Our experienced legal team understands the nuances of New York personal injury law and is ready to fight for the compensation you deserve.

Helping you is what we do.℠