A previous injury can change the conversation after an accident in ways many people don’t expect. Instead of focusing solely on what happened during the crash, the discussion often shifts to your medical history. A back injury from years ago, arthritis, or an old knee surgery may suddenly become central to your personal injury case, with the insurance company arguing that your current pain stems from your pre-existing condition rather than the accident itself.
At Dodds Law Office, we have represented injured people throughout Bloomington and central Illinois for more than 20 years. Terry Dodds personally handles every case and understands how insurance companies use pre-existing conditions to dispute legitimate personal injury claims. Our job is to demonstrate how the accident changed your health and fight for the compensation you deserve.
What Is a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical condition that existed before the accident that gave rise to your legal claim. Some people have a history of previous injuries, while others have medical conditions that developed naturally over time.
Common examples include:
- Arthritis,
- Degenerative disc disease,
- Previous neck or back injuries,
- Prior broken bones,
- Knee or shoulder injuries,
- Herniated discs,
- Previous surgeries, and
- Chronic pain conditions.
Having one of these conditions does not mean you were pain-free before the accident or completely disabled. Many people manage these conditions successfully for years while working, exercising, and living active lives. An accident may suddenly make a manageable condition significantly worse.
Can I Recover Compensation for My Pre-Existing Injury in Illinois?
No. You cannot recover compensation for the pre-existing injury itself. However, you may recover compensation for any additional harm the accident caused.
For example, suppose you injured your lower back several years ago and completed treatment. You were able to work and perform your normal daily activities with only occasional discomfort.
After being rear-ended near Veterans Parkway in Bloomington, your symptoms become much more severe, you require injections, and your doctor recommends surgery. While the negligent driver is not responsible for your original back injury, they may be responsible for the worsening of that condition.
Can I Recover Compensation for Accident Injuries If I Have a Pre-Existing Condition in Illinois?
Yes. Having a pre-existing condition does not automatically prevent you from recovering compensation after an accident. Illinois law recognizes that many people have prior injuries or medical conditions before someone else’s negligence causes them additional harm.
This principle is commonly known as the eggshell plaintiff rule. Simply put, the person who caused the accident takes the injured person as they find them. They cannot avoid responsibility because another person was more susceptible to injury than someone with perfect health.
For example, imagine two people are involved in the same rear-end collision. One experiences temporary soreness, while the other suffers a significant back injury because they already had degenerative disc disease. Although the second person’s condition made them more vulnerable, the at-fault driver may still be responsible for the additional harm caused by the collision.
The important distinction is that you are not seeking compensation for the pre-existing condition itself. Instead, you are seeking compensation for the injuries the accident caused and for any worsening of your existing condition.
Proving that difference often requires medical records, physician opinions, and other evidence showing how your condition changed after the accident.
What Should I Do If I Am Injured and Have a Pre-Existing Condition?
The most important step is to tell your doctor about your prior condition during your first medical evaluation. Be honest. Tell them about any previous injuries, surgeries, chronic pain, or medical conditions, even if you think they are unrelated to the accident.
This information helps your doctor establish your baseline health before the accident. From there, they can better identify which symptoms are new, which existing symptoms have worsened, and whether the accident has changed your treatment needs.
Their medical diagnosis can become important evidence if the insurance company later argues that all your injuries predated the accident.
Once your treatment begins, continue building your medical record by:
- Following your treatment plan. Attend appointments, complete recommended therapy, and follow your doctor’s instructions.
- Reporting changes in your symptoms. Let your doctor know if your pain worsens, new symptoms develop, or your injuries limit activities that you could perform before the accident.
- Keeping records of your care. Save medical bills, prescriptions, and other documentation related to your treatment.
Establishing a clear timeline of your condition before and after the accident can make it easier to show that the collision caused new injuries or aggravated an existing one.
How Will My Pre-Existing Condition Affect My Personal Injury Claim?
A pre-existing condition often changes how an insurance company evaluates a personal injury case. Adjusters frequently search through your medical records looking for any evidence they can use to argue that your current injuries existed before the accident.
They may claim:
- Your pain is simply a continuation of an old injury;
- Your condition would have worsened regardless of the accident; or
- The accident caused only minor aggravation.
These arguments are designed to reduce the value of your case.
At Dodds Law Office, we build evidence by carefully reviewing medical records, comparing your condition before and after the accident, consulting with treating physicians, and presenting a clear timeline of how your injuries changed. We understand the tactics insurance companies use because we have spent decades representing injured clients throughout Bloomington and the surrounding communities.
Don’t Let a Pre-Existing Condition Stand Between You and the Justice You Deserve
Insurance companies often view a pre-existing condition as an opportunity to reduce what they pay out. We see it as a challenge that requires careful preparation and persuasive evidence.
At Dodds Law Office, we develop comprehensive case strategies, prepare every claim as though it may go to trial, and work to educate insurance companies, opposing counsel, and juries about the true impact an accident has had on our clients’ lives.
If someone else’s negligence worsened an existing injury, do not assume you have no legal options.
Contact Dodds Law Office, a personal injury lawyer in Bloomington, Illinois today to discuss your personal injury claim during a free consultation and learn how we can help you pursue the compensation you deserve. Call us at (309) 829-9300 No upfront attorney fees.
