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How Pre-Existing Conditions Affect Personal Injury Claims

By Ian Morris | Updated July 2nd, 2024

216 questions have been answered on this subject - ask us your question

Quick Answer: When an accident aggravates a pre-existing injury or health condition, you can still claim compensation. However, the pre-existing condition may affect the value of your claim. You’ll need to prove that the accident worsened your condition or caused new symptoms.

Key Takeaways

Pre-existing conditions don’t prevent you from making a claim
You can claim for the exacerbation of symptoms or new injuries
Medical evidence is crucial in determining the impact of the accident
Compensation may be reduced to account for pre-existing issues

Accidents can happen to anyone, but for those with pre-existing health conditions or previous injuries, the impact can be particularly severe. If you’ve been involved in an accident that has aggravated a pre-existing condition, you might wonder if you’re still eligible to claim compensation.

Car accidents commonly lead to the worsening of pre-existing injuries because the impact can affect much of the body. The same can be true with an accident at work or a fall in a public place. The worsening of health issues can have a big consequence on day-to-day life. It can affect someone’s ability to work, earn money and look after themselves or their family properly.

But can you still hold the 3rd party liable even though you already had problems? Here we look at personal injury claims with a pre-existing condition – whether you can claim for a condition or injury that has been made worse. And how it can affect the settlement value of your personal injury compensation.

Understanding Pre-Existing Conditions in Personal Injury Claims

What is a Pre-Existing Condition?

A pre-existing condition is any health issue or injury that existed before the accident in question. This could include:

Chronic illnesses (e.g., arthritis, diabetes)
Previous injuries (e.g., old back injuries)
Degenerative conditions (e.g., osteoporosis)
Mental health issues (e.g., depression, anxiety)

The ‘Eggshell Skull’ Rule

In personal injury law, there’s a principle known as the ‘eggshell skull’ (also known as the ‘thin skull’) rule. This states that a defendant must take their victim as they find them. In other words, if someone with a pre-existing condition is more severely affected by an accident, the defendant is still liable for the full extent of the injuries, even if they’re more severe than they would be in a person without the pre-existing condition.

How Pre-Existing Conditions Affect Your Claim

You Can Still Claim Compensation

Having a pre-existing condition doesn’t prevent you from making a claim. You’re entitled to compensation for:

New injuries caused by the accident
Exacerbation or aggravation of your pre-existing condition
Acceleration of symptoms you would have experienced anyway

Whether you are claiming for new or pre-existing injuries, the most important element of the claim remains the same: you must be able to demonstrate that someone else is liable for your accident and should have avoided it happening in the first place.

If you can prove liability, you can claim compensation for new and old injuries. Importantly, by making a claim, you may access further medical care that could well help you to recover more quickly.

Remember, if your situation has been worsened in an accident that was not your fault, you have every right to seek compensation for the distress, pain and effect that the outcome has on your life. This would also include mental health as well as physical conditions.

Impact on Compensation Amount

While you can still claim, your pre-existing condition may affect the amount of compensation you receive. The key is determining:

Your condition before the accident
How the accident has changed your condition
What your condition would have been like without the accident

The Importance of Medical Evidence

Medical evidence is crucial in claims involving pre-existing conditions. You’ll need:

Medical records from before the accident
Expert medical opinions on how the accident has affected your condition
Prognosis for your future health

What if an accident has only affected your pre-existing condition?

If your accident only affected your pre-existing condition, you can still make a claim. For example, if a chronic disease has become harder to live with since your accident, you have a right to compensation. It depends what impact it has had on your life. To make a strong case, your solicitor should look at the following:

The cause of your condition
Whether it has been worsened by your accident
The level of increased pain and discomfort
How your condition impacts your life
Whether you’ve lost earnings because of the accident
The financial cost of further treatment

The claims process is the same for new and pre-existing injuries. Our solicitor will get your authority to access medical records and then instruct experts to assess you. They will write a medical report evaluating the impact of the accident.

How Your Medical Records Can Affect Your Claim

Medical reports form the basis for your solicitor (and the insurers defending the claim) to discuss what level of compensation you should receive. However, evaluating the amount of compensation due can be a little more complex when claiming for a worsened pre-existing health condition or injury.

When a medical expert conducts a detailed examination, they may well find that the injured claimant has a pre-existing condition that would, in due course, have become an issue anyway. Therefore it is not possible to state that the long term implications of injury were caused by the accident. Of course, such an outcome from a medical is often unwelcome.

In these cases, experts are saying that the accident has simply caused an earlier onset of symptoms. Because of this, a claim can be made for the exacerbation of symptoms. However, the claimant cannot hold the defendant responsible for them in full.

Having said that, it’s not always the case that you would get a lower settlement than someone suffering a fresh injury. Indeed, it could be more, it all depends on the medical evidence available.

Types of Pre-Existing Conditions and Their Impact

Degenerative Conditions

For degenerative conditions like arthritis or spinal issues:

You may be able to claim if the accident accelerated the onset of symptoms
Compensation might be reduced to account for the natural progression of the condition

Previous Injuries

If you’ve re-injured a previously healed injury:

You can claim for the new injury and any additional complications
The compensation may be affected if you were more susceptible to injury

Mental Health Conditions

For pre-existing mental health issues:

You can claim if the accident worsened your condition
You may also claim for new mental health issues caused by the accident

Proving Your Claim with a Pre-Existing Condition

Be Honest About Your Medical History

Disclose all pre-existing conditions to your solicitor
Failure to disclose can severely damage your claim

Gather Comprehensive Medical Evidence

Obtain all relevant medical records
Attend all medical examinations arranged by your solicitor

Keep Detailed Records

Document how the accident has affected your daily life
Note any new symptoms or worsening of existing conditions

Challenges in Pre-Existing Condition Claims

Causation Issues

It can be challenging to prove that the accident, rather than the natural progression of your condition, caused your current symptoms.

Valuation Complexities

Determining the value of your claim can be more complex when pre-existing conditions are involved.

Insurance Company Tactics

Insurers may try to attribute all your symptoms to your pre-existing condition to reduce their liability.

How Direct2Compensation’s Solicitors Can Help

Our experienced personal injury solicitors can:

Help gather and interpret medical evidence
Argue effectively for the impact of the accident on your condition
Navigate complex legal and medical issues
Ensure you receive fair compensation

While having a pre-existing condition can complicate a personal injury claim, it doesn’t prevent you from seeking compensation. With proper medical evidence and expert legal representation, you can pursue a claim that fairly accounts for how the accident has affected your health and life. Remember, you have the right to compensation for any worsening of your condition caused by someone else’s negligence.

People living with pre-existing conditions often feel reluctant to claim due to being embarrassed. They may like to live life privately and do their best to hide their health problems from the outside world. Many feel (wrongly) that they may lose their job if their disability is discovered. They learn to work through it and manage their health issues. However, when the situation is worsened by an accident, it can become more difficult to hide the problem.

We’re used to handling these delicate issues. We work closely with claimants to give them the confidence to pursue their legal right to compensation.

It’s usually really quick for us to find out if you have a valid claim, just call us on 01225 430285, or we can call you back. We’ll listen to how your pre-existing condition was affected and advise you as to whether or not you have grounds to pursue a claim on a no win no fee basis.

216 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

Can I reclaim from my last payout? My injures have worsened and I’m now needing 2 full knee replacements.

It is very unlikely that you would be able to return to a claim that has already been settled. In almost all circumstances, a settlement is – when agreed and paid to a claimant – a full and final settlement and the defendant has discharged their liability to that claimant when that settlement has been paid.

If the claimant has ongoing symptoms thereafter, that is not the liability of the defendant.

The only exception to this would be if the settlement you had received was NOT a full and final settlement – which is unlikely.

My old employer 12 years ago in work for I was on site
Lifting heavy items I ripped my muscle had a hernia through it had to have surgery 3 years after accident pain unreal if never been right since my right side where had it done everyday pain been suffering years now affected family life job life everything 07379089789

Your accident appears to have happened more than 3 years ago. Therefore, you cannot now seek to claim personal injury compensation due to the statue of limitation. This requires any personal injury claim to be made within 3 years of the date of an injury or accident.

I have a cervical spinal compression which doesn’t cause much trouble, however, Saturday someone bumped into my car while I was parked in a private car park, they drove off when I tried talking to them. I have their car details. Saturday evening I ended up at minor injuries due to increased pain in my neck, shoulder and base of my skull even though the bumped only grazed and rocked my car it’s exacerbated my condition. Where do I stand?

You can pursue a claim for exacerbation of a pre-existing condition such as the spinal issue you live with and the fact that you have attended an NHS setting for some initial treatment will assist with any claim that you make. Of course, if your symptoms don’t settle, you should seek further medical care from your GP and if you have any new (or not pre-existing) injuries, you should closely monitor those injuries and liaise with your GP accordingly.

In terms of making a claim, it would seem that you will have to go down the route of using the official injury claim website that was set up by the Motor Insurance sector when they managed to get the Government to amend personal injury legislation to stop people with ‘soft tissue injuries’ from being able to use a No Win No Fee service to pursue a claim.

The new system is easy to use and you simply complete an online application and don’t need any legal representation. Unfortunately, the compensation settlement values are far lower than they used to be, but it’s a free service so you should still pursue this. You can access the official claim site at https://www.officialinjuryclaim.org.uk

Hi,

I was leaving a petrol station in December 2022 when a car reversed out of a space and crashed into the front of my car. It’s been confirmed by the insurance that the other driver was liable etc. It was a fairly minor accident, but it has exacerbated an injury.

Around 15 years ago I had a head MRI and the notes at the bottom of the report advised there was a coincidental finding, that I have congenital fusion of the discs in my neck. It hadn’t ever troubled me, so there was no need for any kind of follow up.

11 years ago I was in a car accident (black ice, skidded into a lamppost). I ended up injuring my neck; painkillers, physio at the time. Over the years I’ve been managing it with intermittent chiropractor appointments and over the counter analgesia, until 2 years ago when my GP prescribed Cocodamol and Naproxen as it seemed to worsen.

After the accident in December 2022, my GP also prescribed me Dihydrocodeine which I’m still taking now. (GP receptionist took details of why I was calling, said she’d speak to the doctor then call me back – when she did, she said he’d written the prescription. He didn’t see me or speak to me). I’ve had a repeat prescription under the same circumstances.

I attended a medical last week in relation to the recent accident and was told I’d need physio and that they’d request my medical notes because of the pre-existing issues.

I’ve been having a lot of anxiety because I’ve remembered that the cervical fusion was never properly documented in my notes. It was just one sentence at the bottom of an MRI report years ago. What happens if they don’t see this and basically think I’m making that part up. I’m more anxious about not being believed than not being compensated. My GP has been writing repeat prescriptions for painkillers for 2 years without ever really seeing me (and I’ve definitely needed them). Thank you.

Although your concerns are totally understandable, you do need to try and not over worry or over think things that are outside of your control. Nobody is going to accuse you of lying – unless there is evidence to demonstrate that you are and it would seem that there is no reason to doubt you at all. You are right in noting that the potential lack of reference to the specific incidental findings in the MRI scan results all those years ago could have an impact on any claim as it may then prove harder to establish some medical facts. However, it is highly likely that the notes on the scan remain in your medical records in digital format and will likely be available for any comparison.

Hi Ian,

I thought I would update and also ask for some more advice please.

Following my medical in March 2023, my pain symptoms have continued and led to me being prescribed Morphine tablets and liquid Morphine for breakthrough pain. The medical report came through shortly after this being prescribed and it said they expected me to be fully recovered within 3 months of the accident. It was 3 months by this point therefore I declined the compensation offer.

I was referred to and seen by an Ortho consultant for another medical, and he suspects I’m in a “pain cycle” as a direct result of the accident. The symptoms in my neck continue plus I have pain at the bottom of my spine (overcompensating). The consultant is referring me to a Pain Management Clinic, and costs are being covered.

I have no idea how this may affect my claim. This has been going on almost 10 months now and I’ve had enough 🙁 I just want to be pain-free and not have the stress of this hanging over me. Do you have any advice regarding the suspected “pain cycle” etc, and how this may affect my claim please?

Thank you,

Is your claim being handled by a Solicitor or are you having to operate without representation via the Official Injury claim website? If the Ortho Consultant is of the view that your ongoing pain cycle is directly attributable to the accident, this should simply be reflected in the level of compensation that you may receive – obviously, evidence confirming such information will need to be provided to support this outcome.

Obviously, the pain and discomfort will last/remain present for how ever long it remains whether or not you settle the claim or continue to pursue the matter. As such, I would recommend sticking with the process to ensure that your claim is settled appropriately.

I was injured by radiotherapy in 2013. I received compensation from the NHS for not being provided with the correct information. Also at the same time (prior to radiotherapy) I was convinced to take part in a clinical trial. This was in 2014 & I was assured that the trial would compensate me for any injuries or side effects that were caused by the trial.

However, they declined to compensate me despite the fact that I have suffered since 2013 and it is sadly becoming progressively worse. I live constantly with Hospital & Doctor appointments only to be told that there is nothing that can be done for my condition! I feel I need to revisit the trials decision not to compensate me as it has played on my mind for years, but I think it might be far too late?

Sadly it is probably unlikely that you now have a legal right to make a claim due to the time that has lapsed in this matter. Also, as you have previously tried, but failed in this claim it is further highly improbable to see a route to success in this matter.

I had a accident in 2005 and hurt my lower back. It got better and I haven’t had a problem since. I am a mechanic that takes engines out and gearboxes and never had any issues with my lower back. I had a slip at work in January 2021 falling onto my left side hurting my left arm & shoulder and lower back. Still suffering with lower back pain and still as bad since the day it’s happened. I have had a X-ray 7 months after and my doctor tells me I have chronic arthritis. If I make a claim will it affect my claim on my back, with me having an injury 13 years later? And if so, how much percentage would I be looking at?

Previous injuries and pre-existing conditions must be disclosed when making a claim for personal injury compensation and a specialist Solicitor will ensure that relevant specialist medical experts are instructed to ensure that any exacerbation of a previous injury and the details any new injuries caused in an accident are understood and appropriate prognosis of the same are provided.

In your case, the previous injury will be taken in to account and it is impossible to state (without medical evidence) as to what amount of deduction that would have on the value, but it would still be viable to pursue a claim and we would be happy to help you to do so.

I was involved in crash in January 2022 as a passenger in a taxi. I injured both knees and I have been having physiotherapy as a result. I already had arthritis in my left knee but it didn’t bother me until the crash.

I am wanting some advice regarding making a compensation claim. Thank you

As a passenger in the vehicle, you can pursue a claim as you are not at fault. In order to pursue a claim, you’ll need the details of the taxi in which you were travelling (and ideally the registration details for the vehicles involved).

Hi I was in a accident at work 5 years ago and inhaled some toxic fumes which put me in hospital for 12 hours plus. I had to be under 24 hours observation at home a few days later. Felt well enough to go to work but since the explosion my breathing has continued to get worse, and the last 2 to 3 years had to have tablets and inhalers, is it too late to claim?

Even though your symptoms have worsened since the incident, you are sadly now statute barred and unable to pursue a claim. UK law requires that any person injured in an accident or incident that was not their fault, must make a claim for personal injury within 3 years of the date of the incident. Although you may not have realised that the initial symptoms would go on to be long term and problematic, the fact that you were hospitalised at the time means that you knew that you were injured. Therefore you would have had to make the claim within 3 years of the date of the accident.

Hi I was on holiday to centre parcs recently and prior to going my wife had to book me a motability scooter to get around as I had suffered a PCL knee injury about a month beforehand. The problem arose that we felt there was insufficient access to our lodge for the motability scooter. When I arrived at the lodge there were steep steps and a very thin ramp beside them which did not look adequate for the scooter. There was no other routes to use so I lined up the scooter to the ramp and proceeded to go down it slowly. Near the bottom the front wheel went off the ramp onto the step when the scooter ran away from me on the slope. I hit my arm against the wooden handrail at the side of the ramp and felt pain and then had to step off abruptly as it reached the bottom and jarred my leg which had the PCL injury increasing the pain in my knee. My wife and I feel we should have been told in advance when booking the scooter that our accommodation was inaccessible for such a scooter.

Did you obtain any photographs of the access to the lodge? If you have some helpful photographic evidence showing that the ramp was extremely narrow, we can further investigate this matter.

I had an HGV accident in February 2016 & received a settlement of £24,000. I’m now retired and suffer from arthritis in both knees & I do think it was my accident has caused me to have arthritis. Do you think I have a chance to reclaim a payment for this? I think signed something saying if symptoms persist I can not come back for more damages, but I’m hoping to for the cause of the arthritis. I’d would like your advice on this

Unfortunately, you are unable to return for further or increased damages as the defendant will be seen to have settled your claim when making their award to you in 2016. Despite your assertions regarding the onset of arthritis – which could well be linked to the accident, you have accepted a full and final settlement and cannot now return for further damages.

Hi, I claimed 11 years ago for an injury at work that caused me to have back pain. I recovered from this with zero issues.

I recently got put on another job at work that is very strenuous, with heavy lifting and twisting bending ect is essential to the job. Since doing this I have suffered with severe back pain that has effected my quality of life dramatically, in February 2022 I found out via MRI scan that I infact have 2 herniated discs and 1 other disc has problems. I have since undergone a discectomy and I am now in recovery.

Is it possible to make a claim against work as they have at the very least exasperated this if not caused this entirely.

The job I was doing has a history of people with back issues or other issues related to the job. The company knew of my previous injury and should never have placed me in this other role knowing this.

We have a yearly occupational health visit so it is well documented they knew of this before. I believe I should never have been put in this other job knowing my history.

I’m in a bad place now and I worry about the future, I am 30 years old and I am unable to play any contact sport or anything that involves stretching or fast paced, i have put weight on due to this. I worry that when I get older I will need a wheelchair and my quality of life will be greatly reduced.

I really do not know what to do and need some advice.

As you have already identified, should you make a claim, the previous injury – albeit one you had recovered well from – will be called in to question and will need to be considered. That said, if you believe the employer has failed to provide you with the appropriate training, adequate risk assessments and safety management protocols and that this has directly caused you to sustain new or exacerbate a previous injury with more or worsened severity of symptom, we can help you to pursue a claim for personal injury compensation.

Our specialist Solicitors would work closely with a carefully chosen medical expert who would be able to review your previous injury from 11 years ago and the medical notes regarding the same along with the new injury and new medical information in order to be able to provide a detailed prognosis for the exacerbation of any previous issues and the new injuries/long term consequences of the surgery you have undergone. This will enable an appropriate settlement to be obtained should the claim succeed.

I have today received a compensation medical report that I am not happy with because they say that I had pre-accident degenerative spine problems. I have never had a problem in the past and could do all the jobs that I wanted to do such as garden work and I have never complained of pain.

I have been offered £7000-£9000. I have been off work for 7 months and as an HGV driver, I will not go back as my medical runs out in June this year and as I have cervical problems, I would not pass the medical. I have never had time out for any back problems. I believe that I am being sold short on this matter.

The issue you raise is one that occurs all too often in claims for personal injury compensation – especially for claimants over the age of 40. The reality is that almost all of us will have some form of pre-existing degeneration to our joints and our spines. The very act of living and working is bound to cause some degeneration. Sadly, previous case law dictates that any pre-existing conditions – even those that led to no symptoms, no GP attendance and no time off work etc – that are identified in a medical experts report cannot be attributed to the negligence at the head of the claim for personal injury and that only the ‘acceleration’ of the onset of any symptoms can be claimed for. In cases where someone has suffered a serious injury that impacts their life – such as yours – the value of the claim settlement is left very limited by this situation.

I had a road accident in 2019, third party was liable and fault has been admitted.

A couple of weeks before my accident I went to the GP because I had some pins and needles in my heel and occasional back ache. Bare in mind that other than this there was no occasion after or before that I have had pins and needles in my heel. Also an MRI scan was already booked prior to the accident. The MRI scan was taken a couple of weeks after the road traffic accident and nothing showed up. I had never been to GP for this issue before.

Since the accident I suffered with mainly left arm, shoulder, neck and hand injury syptoms, which overtime has got worse. I have had 2nd MRI scans months after the accident, X-rays and nerve conducting tests that show I have a bulging disc, c7, c6, c2, c3 that have been effected. I was seen at the Royal Orthopaedic Hospital funded by the NHS, The Consultant stated that I was suffering with chronic whiplash disorder.

I have seen the specialist and had two medical orthopaedic reports from the claims company.

Firstly I am not happy with the accident orthopaedic report for many reason, one of them being that the report stated “the road traffic accident bought forward the pain” The exact wording used is: “has an acceleration of a pre-existing, though asymptomatic, nerve root pathology which is 100% attributable to the incident, it is my opinion that this incident has accelerated symptoms of the nerve root pathology by one year”.

My question is this: Just because I visited my GP on one occasion, Can this be used as pre-existing and state that it has accelerated symptoms of the nerve root pathology by one year?

The contents of a medical experts report and any findings that they make regarding any ‘pre-existing’ injury or acceleration of an asymptomatic condition can have a big impact on the outcome of a claim settlement value as a defendant will be able to avoid full liability for any of the injury symptoms that have been sustained, which are deemed to be pre-existing or accelerated. If this is the case, the defendant will simply have to compensate the injured party for the acceleration of symptoms and not for the cause of the injury or symptom itself.

This leaves you in an unfortunate position as the opinion of the expert will be held in high regard and with authority. You should speak with your Solicitor to ensure that the medical expert is asked to reconsider their findings based on your medical records and pre-accident health. You could seek to have a 2nd medical assessment, but you would have to pay the cost for this and need to consider that the report may be no more favourable and the defendant would not be obliged to accept the 2nd reports findings if they were to be more favourable.

I was injured in a work accident in 2017. I have had two medical assessments by orthopaedic surgeons in relation to this. The most recent report from the orthopaedic surgeon states that my injuries were advanced by the working environment by 12 months. Also that 12 months of pain was due to the working environment. Please can you explain what this means in relation to a settlement figure? I have had chronic pain symptoms since my injury at work. My solicitor is seeking clarity on the prognosis, which seems to be taking a while.

The clarity that your Solicitor is seeking is vitally important as the meaning of ‘the working environment’ is somewhat ambiguous as it stands. Once your Solicitor has the clarity from the medical expert, they will be able to advise you on valuation and the implications to your claim.

Hi Ian,
I’ve finally had my medical report in relation to the injury I sustained on my back in July 19.
The medical examiner states that in his opinion I had mild fibromyalgia before the accident that has worsened since the accident.I am disadvantaged on the labour market and I can only maybe work flexi part time having cbt first.I cannot however work were it involves lifting,carrying or exertion.
But for the injury he says I would have continued in my previous employment.
I have a score also 11/12 symptom somatic disorder whatever that means.
My question is what are my losses going to be ie potential claim value, what will my solicitor claim for? Im 52 year old male, 51 at the time of accident, I’ve always worked full time.

Does the medical expert report on what they perceive to be the increase for the onset of the symptoms of fibromyalgia? If the expert states that you had the condition and would have developed symptoms in any event, but that the accident has caused those symptoms to be present some years earlier than they otherwise would be, that period of time will be very relevant to the settlement value of your claim. You should still be able to recover some future loss of income and settlement for your injuries, but the overall value will be lower than if you were not found to have a pre-existing condition.

The medical expert says in his opinion that my exacerbated fibromyalgia and back injury is down to the initial accident and but for my accident I would still be in the same job.He also says I’m disadvantaged on the open labour market.I will only work flexible part time with no carrying, lifting or physical exertion and only if I respond to appropriate treatment.

That would appear to be a positive prognosis in terms of your claim and potential settlement value.

Hi, I was involved in a car accident 6wks ago and had soft tissue rib cage injuries & whiplash. I have been left with much increased numbness in both hands, especially my left and still with limited movement as it’s affected my ability to lean on walking sticks etc and accommodate generally for all the bodily aches & pains I’ve lived with everyday for a long time. The problem is that these include a very long list of serious/disabling medical conditions including neuropathy, tendonitis, artery & vein damage etc from my brittle Type 1 diabetes, as well as arthritis, asthma/sinusitis/rhinitis, GORD, low back problems and a no. of other less relevant conditions. The ones mentioned here have all been made worse in various ways by my injuries from the accident but I am aware that it’ll be difficult to prove this and to prove causation re the extreme pain & limitations from the injuries themselves, as my body is such a mass of aches & pains anyway. Re the hand numbness in particular, I had some before the accident due to diabetic neuropathy but it’s increased markedly since the accident and has not improved at all but how can this be proved? Is it worth someone like me pursuing a personal injury claim – bearing in mind the effects of all the work & stress this will entail for me? The other party has admitted full liability for the accident by the way. Thanks for your advice.

The process of making claim for personal injury compensation with us and our specialist No Win No Fee Solicitors is not stressful and would not cause you to have to do anything other than provide initial information and answer the occasional Solicitor query.

The issue we need to consider is whether your injuries – and the impact on your ongoing health conditions – satisfy the severity that is needed to reach the minimum value to be able to pursue a claim for soft tissue injury compensation after a non-fault car accident. Since 1st June 2021, the rules and process regarding road traffic accident soft tissue injury claims has changed and claimants must now have injuries exceeding £5k to be able to instruct a Solicitor.

In your case, I think that there is a realistic prospect of this being the case and we invite you to make further contact with us.

Hi I had a car accident while at work and was pushed in the side of car by lorry so much so I was pushed onto the roundabout. It went to court and he was deemed at fault. I didn’t put in a claim. Since 2019 I’ve been to gp regarding neck and shoulder pain. They sent me to physio. I went private for my elbow and they MRI my neck in may 2021 and I had to go into hospital to have 3 discs removed as it was causing cord compression. I also have lumber arthritis. Could these be connected to the accident and can I claim ? Has the accident brought forward the arthritis ? I’m 48. Thank you in advance

You have up to 3 years from the date of an accident to pursue a claim for personal injury compensation. In your case, you therefore need to establish whether the date of your accident was within the last 3 years. If so, we can certainly pursue a claim for the injuries that you have sustained. Whether or not a causal link between the arthritic condition you describe and the incident can be established will be a matter for a medical expert – someone our Solicitors would instruct to provide medical evidence on your behalf should a claim proceed. If less than 3 years have passed since the accident, there are certainly grounds to pursue a claim.

What would happen if someone had a non fault accident in 2019 and suffered a neck Injury that is still receiving ongoing treatment but was now in another non fault accident which caused a further flare up of symptoms?
Is it better to not mention the pain from this collision in case they try to invalidate the ongoing case and try and each blame the other accident?

It is vital that any pre-existing condition or claim is disclosed at the earliest opportunity. Having a pre-existing condition will not prevent a further claim, but the extent of any new injury or exacerbation of the previous injury will need to be accounted for to obtain an appropriate valuation of any settlement.

Should you fail to disclose a previous injury or claim, it may see you lose any entitlement to compensation as you could be held responsible for wilful dishonesty and that may see you incur fees.

I was involved in an accident and my spine is now visibly twisted. I did receive compensation but not much and my spine is in constant pain. My partner & I were passengers and we were both hurt with significant injuries. We both received low compensation amounts but were told that we would receive additional sums of compensation at a later date if there was any.

We are both still in pain, myself with my back (and now my teeth falling out all of a sudden) and my partner had soft tissue damage, bruises and cuts. He still suffers from pains in his legs with a lot of clicking in his neck, pain to his legs and back pain. Can we claim further?

Also, we received no physiotherapy and were just told to exercise at home?!

Who told you that further compensation would be payable at a later date? You really should revert to that person/organisation as it is very unusual for a claimant to not receive full damages when settling their claim – or at least knowing what further payments would come and when.

I have a pre-existing knee condition for which I was wearing a knee brace while working. This injury was made worse by a workplace fall caused by a faulty handrail. I was not wearing my safety boots which my company provided me with, I was wearing trainers so does this affect my ability to claim for compensation from the liable party ?

The type of footwear that you had on will not prevent you from pursuing a claim, but may impact on the amount of liability that the employers insurers will have to accept.

However, as the cause of the injury appears to be a broken/faulty handrail, the type of footwear you had on is likely to be seen as irrelevant.

Please call us on 01225430285 for further advice, or if you prefer, you can ask us to call you.