Content reviewed by:
Alex Shulman
You may be able to recover damages for a pre-existing condition made worse by an accident if another party’s negligence caused the additional harm. Having a prior injury or medical condition does not automatically prevent you from pursuing a personal injury claim.
To seek compensation, you generally need to show how the accident changed your symptoms, health, or ability to function. Medical records and other evidence can help distinguish the additional harm from problems that existed before the accident.
We can help you understand how your medical history may affect your claim. To learn more about recovering damages for a pre-existing condition that was made worse by an accident, contact a New York personal injury lawyer at Shulman & Hill to discuss your legal options now.
Can You Seek Compensation Even If You Were Already Injured?
Yes. Under New York law, you may seek compensation for the aggravation of a pre-existing condition caused by another party’s negligence. However, you generally cannot recover damages for the underlying condition or symptoms that would have occurred without the accident.
For example, if you had manageable back pain before a car accident but needed additional treatment afterward, you may have a claim for the worsening of your condition. You must establish a connection between the accident and the additional harm.
New York courts recognize claims for aggravated pre-existing conditions, but the theory must be supported by sufficient evidence. In Oakes v. Patel, the Court of Appeals explained that damages must be limited to those proximately caused by the defendant’s conduct.
What Pre-Existing Conditions Can an Accident Make Worse?
An accident can aggravate many physical or psychological conditions. The important question is whether the incident caused additional harm, rather than simply whether you had a diagnosis before it occurred.
Examples include a collision worsening a herniated disc, a fall increasing pain from arthritis, or an impact aggravating a previously injured knee or shoulder. A traumatic event may also worsen an existing anxiety disorder or post-traumatic stress disorder.
A condition does not necessarily need to have caused symptoms before the accident to be relevant. If an accident makes a previously symptom-free condition painful or disabling, medical evidence may help establish the change and connect it to the incident.
How Does the Eggshell Plaintiff Rule Affect Your Claim?
The eggshell plaintiff doctrine generally requires a negligent party to take an injured person as they find them. If a pre-existing condition makes you more vulnerable to injury, the responsible party cannot automatically avoid liability because another person might have suffered less harm in the same accident.
For example, someone with weakened bones due to osteoporosis may suffer a more severe fracture than someone without that condition. If another party’s negligence caused the accident, that party may be responsible for the additional harm resulting from the person’s vulnerability.
In McCahill v. New York Transportation Co., the New York Court of Appeals discussed the effect of pre-existing conditions on damages. The doctrine does not make a defendant responsible for every existing medical problem; compensation must still be tied to harm caused by the defendant’s conduct.
How Can You Prove That the Accident Worsened Your Condition?
Medical records from before and after the accident can help establish how your condition changed. Earlier records may document your usual symptoms and abilities, while later records may show increased pain, new limitations, or additional treatment needs.
Your treating physician or another medical professional may explain whether the accident aggravated your condition or whether its natural progression better accounts for your symptoms. Imaging, examination findings, and treatment records may support this assessment, although not every aggravation produces a visible change on a scan.
New York courts have stressed the need to distinguish pre-existing conditions from accident-related injuries. In Williams v. Ithaca Dispatch, Inc., the Appellate Division noted that objective medical evidence may be needed when a defendant raises pre-existing conditions.
What Damages May Be Available for an Aggravated Condition?
Depending on the circumstances, you may seek compensation for losses caused by the accident-related worsening of your condition. These may include additional medical expenses, lost income, reduced earning capacity, and pain and suffering.
Medical expenses may cover accident-related appointments, medication, physical therapy, rehabilitation, surgery, and reasonably expected future treatment. Lost wages and reduced earning capacity may also be recoverable when the additional harm affects your ability to work.
You must connect the claimed losses to the accident rather than the underlying condition alone. New York’s motor vehicle injury cases may also be subject to the serious-injury threshold under Insurance Law § 5102(d) when seeking compensation for pain and suffering.
What If the Insurance Company Blames Your Prior Condition?
An insurance company may argue that your symptoms existed before the accident, that imaging shows no meaningful change, or that your condition would have worsened naturally. These arguments do not automatically defeat a claim, but they can create disputes about causation and the extent of your injuries.
Medical records, professional opinions, and evidence of your abilities before and after the incident can help address these arguments. Be honest about your medical history and explain what changed, including any new symptoms, additional treatment, or limitations in your daily activities.
Before accepting a settlement or signing a broad medical authorization, consider seeking legal advice. We at Shulman & Hill can review the insurer’s position and help you evaluate whether a proposed settlement accounts for your accident-related losses and reasonably anticipated future treatment needs.
How We Can Help With Your Injury Claim
At Shulman & Hill, we focus on quality, strategy, and results rather than a high-volume approach. Our team conducts in-depth in-house investigations to examine the circumstances of an accident and help build a claim supported by evidence.
Our firm has over 200 years of combined legal experience and has recovered more than $1 billion for clients. Since our founding in 2013, we have served over 30,000 clients.
For a claim involving an aggravated pre-existing condition, we at Shulman & Hill focus on the evidence showing what changed after the accident and how that additional harm affected your life.
Contact Us About Compensation for an Aggravated Pre-Existing Condition
Having a pre-existing injury or medical condition does not rule out compensation if an accident aggravates it. The strength of your claim depends on the circumstances, the evidence of negligence, and the ability to establish the additional harm caused by the incident.
At Shulman & Hill, we can help you understand the distinction between your existing condition and the additional harm caused by the accident. If you are wondering, “Can I seek damages for an existing medical condition made worse by an accident?”, contact our team to discuss your circumstances and explore your legal options.
