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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...

I had an accident and have suffered problems with my lower back, glute psin, sciatica etc since, and have undergone physio. I have had an MRI which shows degenerative disc disease to my Lumbar/sacral which is exactly where I suffered blunt trauma from the accident (fall from a horse at speed). The Defendant has accepted blame. I have photos of severe bruising to that exact area that the MRI showed DDD. My medical records show that I had sciatica 2 years prior to the accident. Do you feel that I have a case to get compensation for the exacerbation of my existing DDD?

Your Solicitor should be able to instruct a specialist medical expert to assess your MRI results, your medical records and interview you in order that they can provide a prognosis on the injury including the exacerbation of any pre-existing symptoms or conditions and this can then be included within your heads of claim.

My daughter was involved in a car accident approximately 4 years ago. She was paid a small settlement for whiplash. She has over the last 4 years had lots of problems with the injury site . Bad neck , shoulder & upper back pain. Today she has seen a professional deep tissue / sport injury massage therapist. Her condition is worsening not getting better over time. The therapist has told my daughter she needs to go for an MRI as he feels there was damage there that was not picked up on or investigated fully. When she was awarded a small settlement she has to see a GP to be assessed. This GP asked her to only turn her head from side to side not really an examination. The therapist feels her injuries were not investigated fully & this is why no real treatment was given apart from a massage at the time with another sport / injury massage therapist. My main question is Is there anything my daughter can do about this issue? I understand a settlement all be it small was already paid but how was she supposed to know this would still be ongoing for this amount of time? Thanks Melanie

It is unlikely to be possible to revert to the defendants and seek higher or more damages as they will have been seen to have agreed a full and final settlement.

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.

Hi Ian
Thank you for your response. I emailed my solicitor regarding gratuitous care and the other matters. they are steadfast that the first offer I received was acceptable and that by my asking if they could perhaps negotiate a little was not acceptable. they will deem me to be unreasonable if I don’t agree to it and that they will pursue me for £14,000 costs and disbursements of £4,000.
My claim was valued at £26,000 and they have said £15,000 less £3,000 CBT and physio so exactly half.
Am I being treated unfairly, I feel I have to sign it now even though I don’t agree.

It is always disappointing to read of someone who has had a negative experience with their Solicitor. Of course, without having a full understanding of your claim or the reasons why your Solicitor is giving the advice that they have given, it is not possible for us to say whether or not they have acted wrongly. Given your ongoing displeasure with Solicitor, it may be time to make a formal complaint to them in order that your concerns are properly considered by a senior partner within their firm rather than the Solicitor handling the claim. At least that way, if they reject your complaint and can provide detailed reasoning for their advice and position, whilst not happy, you can be certain that they have acted correctly – even if you are disappointed with the overall settlement value you will receive.

Thank you Ian for your speedy response, I think unfortunately I accepted this solicitor’s company without thinking. Not realising I would be chastised for asking questions and not giving me proper answers or explanations amongst other things. In hindsight I should have waited and chose someone as competent and friendly as you. You live and learn I suppose. Thank you again, you have been so helpful.
Michelle

A Solicitor is duty bound to act in the best interests of their claimant/client and must put the claimants interests above those of their firm. If you genuinely feel that they are not putting your interests at the forefront of their actions in their handling of your claim, you have every right to complain via their published complaints procedure (see their website). If the outcome of your complaint still leaves you dissatisfied, you can escalate your complaint to the legal ombudsman service. They have full independence and authority and if it were found that you had been mislead and caused to accept a lower offer than you otherwise should have received, you would then have further right to seek redress from the firm.

Thank you for your nice comments about us though – we’re not perfect, but we try to ensure that we provide honest and accurate information to help our claimants and provide a simple and hassle free claims process to boot.