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Claiming compensation for pre-existing injuries made worse after an accident

By Ian Morris | Updated April 18th, 2024

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

Most personal injury claims are made for a new injury or health problem. However, some accidents result in a pre-existing condition being affected. This could involve an injury suffered in the past, an ongoing health problem or a chronic illness.

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 such 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 whether you can claim for a pre-existing condition or injury that has been made worse. And how it can affect the settlement value of your personal injury compensation.

You can claim for pre-existing conditions as well as new injuries

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.

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 the 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.

Don’t feel embarrassed to make a claim

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.

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

Comments & Questions

Read on for questions and advice about claiming...

Good afternoon, before my rta in 2018 (whilst stationary a car went into the back of me) I suffered from mild sciatica, only affected me in cold weather. Since the rta, my mobility has worsened, my leg gives way and some days I cannot walk at all. The expert has only attributed my accident related injuries for 24 months any other symptoms I’m dealing with is from my pre-existing condition. Am I right in thinking that means that my current mobility issues – the expert says – is not related to the rta? Thank you

I should point out that I am not a Doctor or a medical expert. However, it would seem that the medical expert in your case is of the view that the RTA is responsible for causing a worsening of your symptoms and essentially brought forward worsening symptoms by 2 years. Effectively, the expert is saying that you would have had the symptoms you have had for the past 2 years by now.

I was involved in a rear ended collision other driver took responsibility, a year ago I had a successful prolapse operation was told this should last five years, roughly a week after accident my prolapse has came back. Could this have been due to accident? Also I have a physical job and I know this will affect my work, can I claim?

You can make a No Win No Fee claim for personal injury compensation for the injuries sustained in this accident – both new soft tissue injuries and also the exacerbation of your pre-existing condition.

In terms of your work, if you remain unfit for a long period and are no longer able to do the work you were recruited to do due to fitness/health, your employer can (if they have no suitable alternative position within the business) terminate your employment on the grounds of ill health. However, they must follow due process before they do terminate your position.

Hi I was involved in a RTA where a taxi went into the back of me and pushed me into on coming taxi . I had whiplash and back pain due to the force . However I banged my knee but didn’t think of it until I was having pain . I was sent for physio but it weren’t helping and physio was concerned and sent me for a MRI scan which shows that my ligament could snap at anytime. I have been sent to a knee consultant now as I will need an operation I’m just concerned as I went to the doctors in 2015 about pain in my knee I was sent for X-rays but it came back fine, my solicitor asked for medical history which this is on, will it affect my claim?

The previous knee problem will be looked in to and considered – both by a medical expert, your Solicitor and the defendants. It won’t however damage your claim – but the exacerbation of the pre-existing condition needs to be considered when evaluating the appropriate settlement amount in this claim.

I was involved in a car accident 6 months ago. I have pre-existing medical problem. 3 years ago Dr told me that I need a knee replacement.

Due to the accident my pain worsened and I have excruciating pain all over. I’m attending physio therapy session. and taking diff pain medicine .

After the accident my knees are giving up and losing balance. If I go under knee replacement sooner, would that affect the settlement?

Pre-exisiting injuries will be taken in to account when claiming personal injury compensation. However, just because an individual has a pre-existing condition, that does not mean that they cannot make a claim for compensation if those injuries are worsened or if symptoms become more persistent or painful. Solicitors will ensure that an appropriate medical expert provides a report outlining the impact on any pre-existing conditions as well as any new injuries sustained so that an appropriate level of compensation can be obtained when settling a claim for personal injury compensation.

Thank you so much for the information. Would the surgery increased my claim? thank you

The value of a compensation settlement will depend on the severity of the injuries, the amount of medical intervention required whether or not a full recovery is made and if so, how long it takes to make a full recovery.

The fact that you have had to have surgery will be accounted for in any settlement that you receive.

Hi, I was involved in a rear ended rtc in January. 3rd party have accepted liability and I was initially offered 3.5k for whiplash. I declined this offer on the basis that my medical legal report stated recovery within 3 months ( despite the examination being carried out 4 months after the accident, and by video consultation due to lockdown) the process had been long and drawn out and in that time my pain has increased drastically and I have been prescribed diazepam and various other pain meds by my GP for a suspected trapped nerve. 11 months on I finally saw another ortho expert through my solicitor yesterday. The consultation lasted 5 minutes. I believe he could tell I was in severe pain and struggling.
My problem is that prior to the accident I was receiving treatment for another trapped nerve on the opposite side of my neck. Although it had recovered about a month before. I have had to disclose this now even though I feel it is irrelevant. Is this going to affect my claim? If it does, where do I stand with the initial offer? Can I go back and accept that?

All will depend on the findings and report provided by the medical expert. Although you were suffering with a trapped nerve on the other side before the incident, that is unlikely to be linked to this ‘new’ injury and hopefully it will not impact the compensation value for your claim.

I was in a car accident last year, been suffering since I have been diagnosed with Spondylolisthesis I didn’t even know I had. Before the accident I was fit and well working but have not been back to work. I have met with the surgeon and have been told I need spinal fusion surgery, can I claim for this please?

If you have not already got a Solicitor acting for you, please call us on 01225430285 so that we can help you claim compensation for the injuries you have sustained. A medical expert can be instructed to asses you, examine you and the spondyloisthesis condition and will be able to establish whether you already had the condition or not and if so, by how much the trauma of the car accident has accelerated the condition.

Whatever happens, you can make a claim and a specialist Solicitor will ensure that your legal rights are upheld and that the negligent party compensates you for any new injuries that they have caused as well as any aggrevation or exacerbation of any pre-existing condition.

I have been involved in an RTA on the 10/11/2020. I have a pre-existing condition and disability of Rheumatoid Arthritis.
At the time of the RTA I had no symptoms of pain or discomfort but as time has gone on I am in pain. My day to day living has been compromised.
Can I make a claim on these grounds?

We can certainly help you make a claim for compensation for the exacerbation of your pre-existing condition and for the way that your disability has been impacted by the accident that you were involved in. Our specialist Solicitors will ensure that a medical expert provides a detailed report giving a prognosis for the impact on your pre-existing condition and notes any ‘new’ injuries sustained.

After being involved in a road accident 11 months ago and undergoing physio I now have received news I have arthritis in shoulder blade to collar bone having had an X-ray. Pain has been worsening as the time we’re do I stand on this as I previously hadn’t suffered until the accident.

Your Solicitor can discuss the implications of this with regards to your claim with you in more detail, but if a medical expert has located a condition such as arthritis, it is likely to be seen as pre-existing, even if symptoms were not previously present. In this scenario, there will be a judgement made by a medical professional as to how much sooner the condition has manifested because of the accident than it would have if you had not been injured.

I had a car accident and I have a pretty long history of psychological and physical (chronic pain) problems in the past – 2017 But no ruling as to specifically what. At present the orthopaedic surgeon has suggested somatoform disorder. I now have pain in my shoulder loss of feeling in my hand and arm.

Prior to the accident I had got much better went back to work and was in somewhat good health mentally and physically.

The other side have accepted liability, however I am not sure if after seeing a psychiatrist would he state that the chronic pain is down to my pre-existing problems or if it will be classed as an exacerbation of pre existing injuries?

From your experience can you please advise if using the bit for causation my claim could be successful?

As you will appreciate, it is not possible for us to give specific advice via this service as we have not had sight of any medical experts reports or a full understanding of the pre-existing conditions or indeed, the nature of the index incident at the heart of your claim.

However, a suitably qualified and experienced medical expert should be able to sit down with you, with sight of your medical records, discuss (in detail) your previous history, the accident and the way the symptoms now impact you and provide a detailed report that would enable your Solicitor to continue to pursue the claim justly for you.

Can a person claim compensation for injuries sustained in an incident that happened in June 2019 but they were only examined by a doctor in October 2019?

Yes a claimant can still pursue a claim even if there is a delay between the injury being sustained and medical treatment being sought.

Whilst it is always ‘best’ for an injured person to seek medical attention at the earliest opportunity, in some cases it is not always possible for that to happen and in certain injuries, it can be unclear whether medical treatment is needed.

Thank you

You’re welcome.

Hi I tripped at work injuring both knees, bone bruising and muscle wastage, my company have accepted responsibility. Today I had a medical assessment as part of my ongoing case the doctor told me as I already have osteoarthritis of both knees diagnosed about 10 years ago. Could this affect any payment? Also if I can’t walk properly and lose my job can the company blame the osteoarthritis even though the failure to walk properly is due the accident?

Any pre-existing condition will be noted by the Doctor providing the expert assessment. The medical expert will note the exacerbation of any pre-existing condition caused in the accident as well as any injuries directly attributed to the incident in which you fell.

In terms of the employer dismissing you, of course, if you are unfit to work – whether through injury, illness or pre-existing health issues, the employer may terminate your employment. This would be a last resort for the employer and they would prefer to work with you to find a mutually acceptable solution.

I was involved in a car crash and received injury’s that has flared up a past back injury to my lower disc, I’ve had a medical report that states that my back should be back to its normal state prior to the accident, he States that any further flare ups are more likely to be to past damage and disc degeneration, sounds to me like their trying to blame my past injury’s, I feel embarrassed as I’m still suffering 7 months later with the same symtoms, what can I do?

Have you discussed the flare ups you mention with your Solicitor? It would be wise to seek their advice and see what they can do to help you with this.

Hi,
If I have suffered from personal injury ones in 2016 and after treatment got better but then I suffered again after 3 years from the same injury because of the same employer’s negligence as they did nothing to solve the issue during the first injury. Do I have a valid claim or it will be treated as the same injury? Do I have a claim in this situation?

If the initial injury has been treated and recorded on your medical records, any claim will be for the exacerbation of the previous injury. However, as the initial injury was caused at work there is a possibility that the severity of it could be accounted for within any claim you may make. This will be helped of course if the injuries have been recorded in the employers accident book.

Please call us on 01225430285 should you wish to discuss this further with us.

I made a personal injury claim after falling over damaged floor at work and breaking my nose. My ex-employer admitted liability and I was seen by a consultant to examine the fracture and was told I’d need surgery to realign the break in my nose, but as I suffer from pre-existing anxiety which was made worse by my accident I have declined to have surgery. Will this mean my claim will not go ahead or lose?

It will not mean that your claim will fail. However, the defendant will point to the fact that your failure to fully recover is not their fault as you have declined surgery that would lead to a full recovery. Therefore, it could be the case that the value of the settlement will be a little lower than it otherwise may have been. Your Solicitor will continue to fight this for you and seek the best outcome in your claim.

I will try to keep this short and factual.
I had an accident at work where i tripped over a pallet which resulted in me fracturing my knee. When i was starting to recover nearly 3 months later, my leg went from under me again and refractured.
Xrays showed minor osteoarthritis when I initially fractured and a final xray (12 months later) recently shows the fracture completely healed but my Osteoarthritis has worsened by the order of 5 years and I have been referred for a knee replacement due to the pain etc.
An orthapedic surgeon on reviewing all records has stated that, the fracture did not cause my OA and that the knee replacement is down to OA worsening. So in a nutshell my solicitor is saying that I had a pre existing condition and therefore, fall into ‘Orthopaedic injuries (b) moderate (i) bracket’ according to Judicial College Guidelines. A figure she gave me for general damages was £13,500?
Does this seem fair? I thought I would of fallen into a severe bracket?I have been advised I can seek a second opinion with a medical expert if I so wish at my expense.

As you may appreciate, it is impossible for us to second guess the work done by your Solicitor and it is most likely that the Solicitor is acting correctly and within the appropriate framework. If you feel that the Solicitor has handled this matter incorrectly, you could make a formal complaint to them and ask that a senior partner within the firm (who has not had any involvement in your case) reviews the matter and work undertaken.

Thank you for your reply, I am happy with my solicitor who has been on the ball, a case study similar to mine was related too and this was shown to me as an example.
If my recovery from the knee replacement is not as expected would this affect my settlement in any way?
As the OS expects me to have a full recovery I am 59 years old?

The lack of a full recovery should be accounted for in any settlement that is awarded. If a pre-existing condition is part of the reason that a full recovery hasn’t been possible, that will be accounted for when an expert evaluates the injury and provides a report.

hello I was involved in a hgv high speed (50-60mph) motorway collision last year 2019. following the accident I have experienced severe pain and discomfort taking daily meds bought over counter. the pain became excruciating and now prescribed tramadol. the Mri shows degenerative disease and MIB are stating it is not caused by the HGV accident. I am of the opinion that this disease is due to ageing. (I am 30 now) Therefore their settlement estimate of 4-6k seems incredibly low for the pain and suffering I have had since the accident ONLY. I do not know what to do can you help?

This is a difficult situation and one that often arises in claims for personal injury. If any age related or general degeneration of a body part is found in a scan, a defendant will not have to accept liability for what was essentially already present – even if the injured party was living pain free and without any knowledge of a pre-existing or age related condition.

i have rhumatoid arthuritius. i have had this for a very long time. i am 25 years old. i recently had a crash on 12th may 2020 since having this its made it alot more worse feel very distressed about it all!!
is there any way you can help ???

Although you live with a long standing health condition, you still have legal rights to pursue a claim for personal injury compensation if your symptoms are exacerbated and worsened in an accident that was not your fault. We can certainly help you to exercise your right to make a claim and our specialist Solicitors would be able to establish the extent to which your condition has been worsened and also note any unrelated soft tissue injuries and pursue a claim on your behalf. If successful with your claim, you would receive compensation for the physical pain caused by your injuries and also any other associated losses or incurred costs.

Dear Ian,
My case is a bit complicated but I’ll try to make it short. Since march I have had health complications (widespread pain below the waist). In July I was involved in RTA, that made my suffer greater as the pain spread in the upper body. The other driver ran away and I have an ongoing claim with MIB. In December I was prescribed painkillers (Gabapentin 300mg/d) that helps neurological pain and I felt relieved (considering I was already using crutches at the time) and I was able to function normally. In the 2nd of January I have had another road accident and due to really bad effect (pain wise)on me, my dosage needed to be doubled. What can I expect and what I need to fight for?
Thank you! Appreciating your time!
Regards

You cannot claim for the worsening of the injuries caused in the 2nd accident in the 1st claim you are making. However, if the 2nd accident was non-fault, you can pursue a 2nd claim for personal injury compensation for the exacerbation of your symptoms, along with any new injuries caused.

My husband was involved in a head on collision with a drunk driver in April 2019, he was took to hospital via ambulance assessed to have soft tissue damage and left, pain in neck and back following accident. 10 physio sessions with no benefit, recent mri shows chronic degenerative disc disease exacerbated by accident, husband had no prior knowledge of this until test, will this affect his personal injury claim?

The pre-existing degenerative condition that has been found will be relevant to the claim for personal injury. It will be taken in to account in terms of the value of the claim as the condition (even though he was living pain free and without knowledge of it) would have become present in the coming years.

Hi,
I was a passenger in an RTA at the end of October 2019 and had a whiplash injury. Within 3 weeks of the accident I developed sciatica which I had for 8 weeks which had now developed into severe hip pain. My gp sent me for an xray and it has come back I have a flare up of moderate osteoarthritis in my hip. I’ve never attended my GP in relation to this as have had no symptoms until now. My gp has said I need a hip replacement, but could defer it for now. Apparently an xray I had on my other hip, 15 years ago, and had hip replaced, did show the starts of osteoarthritis in this hip. My question is can I claim for this flare up of what now appears to be a pre existing condition and hip replacement consequence, along with the whiplash? Thank you

To answer simply, yes! If you do pursue a claim for personal injury compensation – which after the RTA you were involved in in October 2019 you would be fully entitled to do, your Solicitor would seek compensation for the sciatica/whiplash and would instruct a medical expert to report on what was a new injury and what was an exacerbation of a pre-existing condition.

Our specialist Solicitors are used to dealing with such matters and would be happy to help you. Please call us on 01225430285 to find out how we can help you.