Personal injury law does not expect people to be flawless specimens. Most adults bring some medical history into a collision, whether it is a cranky lower back that flares after yard work, a prior knee surgery, or migraines managed with medication. When a crash happens, those pre-existing conditions do not disqualify you from recovery. They do complicate the story. An insurer will scour records to argue your pain is old news, not the result of the wreck. A seasoned car injury attorney knows how to address that tension with clear documentation, careful strategy, and credible experts.
I have sat in countless living rooms and conference rooms with clients who start their sentence with, I had a bad back before this, but it was manageable. Claims involving health histories require thoroughness and patience. They are winnable, and often for fair value, if you handle the details with discipline.
The eggshell plaintiff principle, in plain English
Law recognizes that you take the person as you find them. The eggshell plaintiff rule means a negligent driver is responsible for all harm their conduct causes, even if the victim is more vulnerable than average. If a low-speed rear-end collision aggravates a prior cervical disc bulge and triggers radiculopathy, the at-fault driver does not get a discount because your neck was already compromised. They are responsible for the aggravation and the consequences that follow.
Insurers know this rule, but they test its limits. They will concede liability for the impact, then draw a hard line at medical causation. The debate moves to a single word: aggravation. Proving that a crash aggravated a condition requires showing the before and after clearly enough that a claims examiner, arbitrator, or juror can feel the difference in their gut.
How pre-existing conditions become the battleground
Several patterns appear across car accident claims when the injured person has a health history.
First, the insurer will request a blanket release and try to pull your entire medical history for years. Their goal is to find similar complaints, however minor, to argue continuity. A motor vehicle accident lawyer will narrow these requests, often with protective orders, to keep the focus on body regions and time frames that reasonably relate to the crash.
Second, chart notes matter more than narratives. If your primary care physician wrote “chronic low back pain, stable, conservative care, no recent flare” six months before the collision, those six words can be worth thousands when you later claim an acute exacerbation. Conversely, vague entries like “ongoing pain” without intensity ratings or functional notes can muddy waters.
Third, imaging rarely tells the whole story. MRI reports commonly show age-related degeneration by the mid-thirties, even in people with no symptoms. Defense experts love these findings. The response is not to deny degeneration, but to connect symptoms and function to the event. A car injury lawyer will rely on treating physicians who can explain why a previously asymptomatic disc became symptomatic after acute forces, with new numbness, weakness, or sleeping in a recliner because lying flat is no longer tolerable.
The role of candor
The quickest way to torpedo a claim is to hide prior issues that the insurer will uncover anyway. Every car accident attorney I respect tells clients a version of the same thing: full honesty. Disclose prior injuries, surgeries, and similar complaints. Describe their frequency and intensity in concrete terms. If you saw a chiropractor once a year for maintenance care before the crash and then started twice-weekly appointments after, say so. Jurors forgive pre-existing vulnerabilities. They punish perceived evasiveness.
Documentation becomes your ally. Good attorneys help clients reconstruct a timeline, not to embellish, but to make the record coherent. I have used simple calendars to mark pre-crash activities that were easy and post-crash activities that became difficult. Carrying groceries, driving more than 20 minutes, playing with a child on the floor, sleeping through the night, sitting for a full work shift. That functional change is often the hinge of the case.
Building a causation case that holds together
Causation has two layers. Medical causation connects the crash to the new or worsened condition. Legal causation ties that condition to the harms you claim, like lost wages or future care. The work starts the day you hire a car injury lawyer.
Your lawyer will gather the prior records rather than wait for the insurer to do it. You want to curate what matters and understand your own file. For a neck injury with prior complaints, that usually means pulling at least two to three years of records from primary care, chiropractic, physical therapy, and any imaging or pain management notes. If the prior injury was significant but well before the crash, the look-back may go further, but with a narrow scope.
Next, the lawyer works with treating providers to secure opinions using probability language accepted in court. “More likely than not” is the standard in most jurisdictions. A spine surgeon’s note stating, The motor vehicle collision of April 12 caused an acute exacerbation of pre-existing C5-6 spondylosis with new left C6 radiculopathy, supported by onset of arm numbness within 24 hours, positive Spurling’s sign, and concordant MRI findings, gives an adjuster little room to wiggle. This is different from a casual note like Patient reports pain after crash, which will not carry the day.
Sometimes you need independent medical experts. A collision attorney will choose carefully. Overly partisan experts can backfire. The best expert witnesses teach. They acknowledge the prior condition, explain biomechanics of the crash, and give fair ranges for expected recovery. Juries sense credibility.
How aggravation is valued in settlement negotiations
When the injured person had prior symptoms, the valuation often becomes a difference-in-differences exercise. What did life look like before the crash? What does it look like after? Two people with the same MRI may have very different claim values because one had been asymptomatic for years and the other had intermittent flare-ups every month.
Adjusters will attempt a haircut approach. They might concede medical bills but argue for a looser multiplier on general damages because of pre-existing issues. A seasoned car crash lawyer counters with specifics.
Imagine a 46-year-old warehouse worker with a prior L4-5 disc bulge. Before the collision, he managed with occasional stretching and no lost time. After a rear-end crash at a stoplight, he missed six weeks of work, then returned to light duty for three months. He tried physical therapy, epidurals, and used prescription sleep aids for the first time in his life. His medical bills were 28,400 dollars. An insurer might offer to pay the bills plus a modest sum for pain and suffering, pointing to prior degeneration. A careful presentation reframes it: prior state was pain-free function, post-crash involved concrete losses and objectively documented treatment progression. The delta is the value, not the label on an MRI.
When the defense argues natural progression
Another common tactic is the natural progression argument. The defense orthopedic surgeon will testify that age-related degeneration would have worsened regardless of the crash. This is where timelines matter. If the onset of radicular symptoms, strength loss, or new functional limitation lines up closely with the collision, natural progression becomes less persuasive. If there was a long gap between crash and first complaint, expect a fight.
Time gaps happen for real reasons. People hope symptoms will fade. They prioritize work or caregiving. They lack insurance. A car accident claims lawyer will document these circumstances and, when appropriate, obtain a medical explanation that delayed symptoms are consistent with the trauma. Soft tissue injuries can evolve over days, but a six-week silence followed by severe complaints is hard to sell without context. Do not guess. If there is a gap, explain it with facts.
Primary care notes: small entries, big impact
Frontline providers can help or hurt claims with a single sentence. I encourage clients to tell their doctors in specific, measurable terms. Rather than It hurts, say, My neck pain is 7 of 10 and shoots to my left thumb, started within hours of the crash, worsens when I look down to read, and I wake up twice a night. Precise complaints become anchor points. Insurance adjusters and jurors lean on these notes far more than you might think.
Follow-through matters as well. If a provider recommends imaging or physical therapy, complete it or document why you cannot. Financial hardship is a car lawyer Accident Lawyers of Charlotte valid reason, and many clinics will note it if you ask. Without that documentation, the defense will frame noncompliance as evidence the injury was minor.
Handling prior claims and accidents
Prior claims do not doom you, but they will surface. A traffic accident lawyer will ask about earlier crashes, work comp claims, and any recorded statements given to insurers. Expect the defense to obtain those files. If your prior injury resolved by a certain date, say so and support it with discharge summaries or a release to full duty. If symptoms lingered, be candid and detail the differences after the new crash.
I once represented a delivery driver with two prior back claims from lifting incidents, both settled years before. He then suffered a T-bone collision that produced new leg numbness and loss of reflex in a pattern matching L5 nerve irritation. The defense tried to blend all three events into one narrative of chronic pain. We separated them with start and stop dates, job status, objective findings at each phase, and independent exams that pinpointed the new deficits. The case resolved fairly because we respected the history instead of trying to erase it.
The biomechanics question
Insurers sometimes bring in engineers to argue that a low-speed impact could not cause significant injury. Collision lawyers handle these reports with care. Vehicle damage correlates imperfectly with human injury. Seat position, body habitus, head rotation, pre-tensioners that did or did not fire, and a host of factors affect force transmission. Medicine answers whether an injury exists and whether it is consistent with the mechanism. Engineering gives context, not a veto. Combining medical testimony with measured biomechanical analysis can neutralize the low-speed defense.
Comparative fault and why it still matters
Even in aggravation cases, fault allocation affects value. If the other driver claims you stopped abruptly with no brake lights or that you were merging without signaling, comparative negligence rules in your state may reduce recovery. A motor vehicle lawyer will gather witness statements, traffic camera footage if available, and vehicle telematics to keep liability clear. Do not assume a rear-end impact is automatically 100 percent on the trailing driver in every jurisdiction or scenario. Preserve the scene evidence early.
Special considerations for older adults
Older adults present both challenge and opportunity in these claims. Degenerative findings on imaging are common over age 60, but so is a clear pre-crash baseline of independence. Juries respect concrete stories. If a retired teacher walked two miles daily, gardened, and watched grandchildren, then after a crash needs a cane for six months and stops driving, that change resonates. The absence of earned income does not make the claim small. Home care, loss of independence, and the cost of future help carry real value. A vehicle injury attorney should document these non-medical impacts with the same rigor as medical bills.
Mental health overlays
Anxiety after a crash is normal. For clients with prior anxiety or depression, the defense will argue that distress was pre-existing. Treating providers can draw the line: Was there a new diagnosis of post-traumatic stress features after the collision? Did the frequency or intensity of panic attacks spike? Did pharmacotherapy change? A car lawyer who treats mental health impacts as legitimate medical issues, not afterthoughts, can overcome the stereotype that emotional injuries are vague or exaggerated.
Practical steps if you have a pre-existing condition
Here is a short, practical checklist I give clients in this situation.
- Be transparent with your car accident lawyer about every prior issue, even if it seems minor. Describe specific changes in function and pain post-crash, using dates and examples. Follow medical recommendations or document why you cannot, including cost barriers. Keep a simple weekly log of symptoms and activities you can or cannot do. Avoid broad medical record releases; allow your attorney to tailor requests.
How damages are framed for juries and adjusters
Numbers tell stories when used well. An attorney can quantify the difference in function with small, credible data points. Before the crash, you took 6,000 to 8,000 steps a day, tracked on your phone. After, you averaged 2,000 for two months and could not tolerate stairs. Before, you lifted 40-pound boxes at work. After, your employer reassigned you to front desk tasks at reduced pay. Economic losses tie directly to the medical causation. Non-economic damages grow from the same soil, demonstrated through day-to-day disruptions rather than broad adjectives.
Future care is another piece. An orthopedic specialist might outline a plan of intermittent epidural injections over the next two to three years with costs ranging in the low thousands per injection. A life care planner might assign costs for home assistance if a shoulder injury aggravation limits overhead activities in later life. These are careful estimates, not speculation, and they help anchor negotiations.
Settlement versus trial in aggravation cases
Most car accident cases settle, including those with pre-existing conditions. Trials happen when causation is sharply disputed or when the parties disagree dramatically on value. A collision lawyer will prepare every case as if it could be tried. Preparation itself improves settlement offers. If the file contains thoughtful medical opinions, organized records demonstrating the pre-crash baseline, and credible testimony from the client and family, adjusters notice.
At trial, clarity beats volume. Jurors remember simple contrasts. Before, I bowled every Thursday without pain. After, I tried twice and could not finish a game. Before, I slept through the night. After, I sleep in a recliner three nights a week. Attorneys who keep the frame tight and avoid overstating win more often than those who fight every inch.
Insurance company playbook and how to respond
Expect early attempts to obtain a recorded statement focused on your prior conditions. You are not required to give one to the at-fault carrier. Provide the facts of the crash and direct medical questions to your lawyer. Expect offers to settle quickly for medical bills only. Quick cash is tempting, especially if you are missing work, but settling before the medical picture stabilizes is risky when aggravation is in play. A car wreck lawyer will typically wait until maximum medical improvement or a well-supported prognosis before serious negotiations.
Independent medical examinations are common in disputed cases. Treat them like serious medical appointments. Arrive early, bring a list of medications, and answer questions accurately without minimizing or embellishing. Your attorney will prepare you and may accompany you if allowed by state law.
How documentation from outside medicine helps
Employers, coaches, neighbors, and family members can provide contemporaneous records that carry weight. A supervisor’s note about modified duty, a gym membership freeze with reason noted, or even time-stamped text messages to a friend canceling regular activities are small proofs that add up. A traffic accident lawyer will collect these pieces and organize them along a timeline. Defense attorneys deal in doubt. Good documentation turns doubt into shrinking room for argument.
Special note on surgeries after a crash
If a crash precipitates a surgery in an area with pre-existing degeneration, causation fights intensify. Surgeons should be asked directly to address necessity: Would this surgery have been recommended at this time without the crash? If not, why did the collision change the calculus? Operative reports that note acute findings, such as annular tears or extruded fragments correlating with new deficits, can be decisive. On the other hand, if the surgery was likely within a year anyway, a reasonable settlement may account for acceleration rather than full causation. A personal injury lawyer will explain that nuance and aim for a value that reflects the accelerated timeline.
State-specific wrinkles
Every jurisdiction has quirks. Some states limit recovery if the plaintiff’s fault exceeds a threshold. Others allow recovery even if the plaintiff is mostly at fault, with damages reduced proportionally. Statutes of limitation vary, often ranging from one to four years for bodily injury. Some states require pre-suit disclosures or medical affidavits in certain cases. A motor vehicle accident lawyer familiar with local rules will make sure the case stays on track procedurally while the medical evidence develops substantively.
Pre-existing conditions also interact with collateral source rules differently by state. In some places, a jury cannot hear about health insurance payments. In others, certain offsets apply. These rules affect negotiation leverage and net outcomes. Your car accident attorney should explain the net-of-liens picture so you know what an offer means for your pocket, not just the headline number.
When to bring in specialized counsel
Complex medical histories call for experienced counsel. If your case involves multi-level spinal degeneration, prior surgeries, or rare conditions like Ehlers-Danlos that affect tissue integrity, look for a car collision lawyer with a track record of similar matters. They will have relationships with the right experts and a sense for how juries in your venue view these issues. If your case includes a workers’ compensation overlap or a third-party liability claim, coordination between a vehicle accident lawyer and a comp attorney can prevent lien surprises and inconsistent narratives.
What you can do today
Small steps improve outcomes. Write down a pre-crash baseline from memory and corroborate it with calendars, photos, or fitness apps. Gather names of all providers you saw in the two years before the crash for the affected body part. Tell your car injury attorney about any non-medical hurdles, like caregiving responsibilities or transportation problems that affect treatment attendance. Keep communications with insurers polite and brief. Ask your providers to use plain language in notes, not just codes.
A final word, learned from years of kitchen-table conversations with clients: do not minimize your history to make your case easier. Own it. You lived through it. Then show, with care and specifics, how this crash made that history heavier. When you and your lawyer do that well, pre-existing conditions become part of an honest story rather than a loophole for an insurer. That honesty, supported by good medicine and steady advocacy from a capable car crash lawyer or vehicle injury attorney, often leads to fair outcomes.