We know your health history matters — and we’ll make sure it doesn’t stand between you and a full recovery.
If you've been in a car accident and are worried your pre-existing condition could hurt your chances of a successful personal injury claim, you're not alone. Many injured victims fear that previous injuries, surgeries, or chronic conditions might disqualify them from getting the help they need today. The truth? Your full medical history does matter — but it doesn't disqualify you from justice or a fair settlement. At Christmas Injury Lawyers, we know how insurance companies operate, and we’re ready to fight for you.
How Pre-Existing Conditions Affect Your Auto Accident Claim
A pre existing condition is any health issue you had before your recent car crash — like an old back injury, arthritis, or even prior physical therapy from a slip and fall accident. Insurance companies love to dig into your entire medical history to find something — anything — to reduce or deny your car accident claim. They’ll argue that your pain isn't from the accident caused by their insured but from something that happened years ago.
This is a common tactic by the insurance adjuster to shift blame and reduce payouts. They may even say the accident aggravated your old injury — not caused new harm. But here’s the reality: if the auto accident made things worse, you still have every right to pursue compensation.
When the Accident Worsened a Pre Existing Injury
If the car accident worsened a condition you were already dealing with, that doesn't mean you lose your right to file a personal injury claim. In fact, this is where the law is firmly on your side. When a pre existing issue is made worse, you’re still entitled to recover for the added medical costs, pain, and limitations that came as a result.
Even something like a traumatic brain injury or a recurring back issue that had previously stabilized can flare up in devastating ways after an accident. With the right medical records and expert opinions, our team will show how the at fault party caused that escalation in your condition.
New Injuries After a Car Accident: What You Need to Know
An auto accident doesn’t just aggravate old injuries — it can cause new injuries too. These might include fractured bones, ligament tears, or emotional trauma such as post traumatic stress disorder.
Insurance companies might try to claim everything is old news. But we’ll use relevant medical records and professional documentation to clearly show what’s brand new and what’s worsened. Whether it’s fresh physical injuries or a noticeable decline in mobility or strength, we’ll fight to prove the full extent of the harm you’ve suffered.
Medical Records: Why They Matter in Personal Injury Claims
Your medical records are a powerful part of your personal injury claim. They show what your condition was before the car wreck, what’s changed, and how the accident worsened your situation. This includes new symptoms, greater pain, longer healing time, or added emotional distress.
That’s why it’s critical to have relevant medical records that clearly show a before-and-after picture. At Christmas Injury Lawyers, we work closely with medical experts who can help explain how the auto accident caused further harm — even if you had a pre existing injury.
The Eggshell Plaintiff Rule: Legal Protection for Injured Victims
South Carolina law recognizes what's known as the eggshell plaintiff rule. This means that the person who caused the accident — the at fault party — is responsible for the full extent of the harm they caused, even if you were more vulnerable due to a pre existing medical condition.
In other words, if the defendant's negligence turned a manageable injury into a life-altering one, they’re still fully responsible. You don’t have to be in perfect health to be protected by the law. If the car accident made your condition worse, or if it caused new injuries, you’re still entitled to recover compensation.
Strategies to Manage Your Medical History in an Accident Claim
If you have a pre existing issue, here are a few important strategies:
- Be honest about your history. Hiding prior conditions can backfire and hurt your credibility.
- Document everything. We’ll gather your entire medical history to show the difference between old injuries and new harm.
- Let your doctors explain the change. Expert medical opinions can highlight how the accident aggravated your prior injuries.
- Work with skilled personal injury attorneys. At Christmas Injury Lawyers, we know how to navigate complex personal injury cases involving pre existing conditions.
You deserve legal representation that won’t let the insurance company define your story — or your health.
How a Personal Injury Lawyer Helps When Pre-Existing Conditions Are Involved
Dealing with insurance companies when you have medical conditions from the past can feel like an uphill battle. But with our team, you’re not fighting alone. We’re here to:
- Build a strong narrative that shows how the car accident caused further harm
- Challenge insurance company refusals to pay for your medical bills, lost wages, and physical injuries
- Secure fair compensation for emotional trauma, ongoing care, and any medical expenses related to the crash
- Hold the at fault driver accountable, even if your injury wasn’t brand new
We know how to demonstrate that you are not the sum of your medical chart — you are a person who deserves to seek compensation for the harm done to you.
Frequently Asked Questions
Can I still file a personal injury claim if I had a previous injury?
Yes. Even if you had a pre existing injury, you can file a personal injury claim if the auto accident made it worse or caused new injuries. South Carolina law protects injured victims under the eggshell plaintiff rule.
What if the insurance company refuses to pay because of my medical history?
That’s a common tactic. We work with medical experts to prove how the accident caused additional harm. Don’t let the insurance company bully you — our personal injury attorneys will push back hard.
Do I need to share my entire medical history?
Yes, but strategically. We help you share the right parts of your medical history that support your claim and show the difference between your past and present condition.
How do pre existing conditions affect emotional distress claims?
If you were already dealing with anxiety, depression, or trauma, and the car crash made it worse, you can still pursue claims for emotional distress — as long as we show the accident aggravated those issues.
Will my medical costs still be covered if I had prior treatment?
Absolutely. If the accident worsened your condition or created a need for further care like physical therapy, surgeries, or counseling, those medical costs are still part of what you can recover in an auto accident claim.
Your Medical History Shouldn’t Stand Between You and a Full Recovery
At Christmas Injury Lawyers, we understand how scary it is to deal with insurance companies trying to use your past against you. We know you didn’t ask for this. You were doing everything right — until someone else’s careless choice turned your world upside down.
That’s why we fight like it’s personal. Because for us, it is.
If you or a loved one has been injured in a car accident and you're worried about how your pre existing condition might affect your accident claims, don’t wait.
Call Christmas Injury Lawyers today at (843) 380-4112 or click ‘Contact Us’ to take the next step toward your recovery.
You deserve support. You deserve strength in your corner. And you deserve to heal without your past being used against you. Let us help you get the full compensation you're owed.
