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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...

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.

I was in a car accident 3 months ago hurt my neck and back. I made a personal injury claim which is still being dealt with. A couple of days ago a van drove into the back of me , my neck and back have started to hurt again just when I was on the mend. Can I make another claim whilst I already have one ongoing, or will it affect it?

Apologies for my delayed reply. Thank you for your advice.
I’m quite distressed due to the fact I had 2 medical experts advise that the accident exacerbated the onset of further symptoms by 3 months. Whereas my physiotherapists have said that my arthritis has progressed very quickly and it is now severe. I am having a hip replacement in 3 weeks.
If I could ask another question, given my arthritis has gone from asymptomatic to severe in the space of less than 2 years, will the court take into account what my physiotherapist, GP and surgeon say, despite what the medical “experts” have said?
Many thanks

The courts would consider all of the opinions and evidence submitted to them before they reach their decision. However, a Judge may still choose to follow the guidance of one specialist over another.

Yes, you can make a 2nd claim as you have again been injured by the negligence of another driver. I would recommend that you discuss this 2nd accident with your current Solicitor before you start any action on a new claim.

Just a general enquiry if you could help me, I made a personal injury claim July 2019 after someone ran into back of my car, this claim is done and settled. Last week (Jan 2020) I was a passenger in my car, my partner driving when a van ran into the back of us, can I make another claim for this accident as my 1st claim was only 6/7 months previous?

Yes, you can pursue a claim for the ‘new’ accident. Of course, if any of the claim relates to injuries that were included in the first claim, you can claim only for the exacerbation of them and not for the whole injury (unless you had fully recovered before this incident).

I had a motorbike accident 15 months ago and landed on my shoulder, I have had an mri scan which has shown a severe tear to the rotator cuff. It has also shown that the shoulder is degenerative although I have not had any symptoms before the accident and was working full time as a pipe fitter. I have had two medical reports and one orthopaedic surgeon has said that this would have happened in the next 3 to 5 years had the accident not happened and the other 4 years. I have also been told my shoulder is inoperable and in a few years I may be given a shoulder reversal operation. I am no longer able continue my job. My question is regards to loss of earnings, I have been given advice that I should accept the first offer from the defendants (I should mention liability has been accepted) as they could get another medical report stating that it would happen in two years and would drag their feet so I would end up with minimum loss of earnings. I have read about the thin skin skull rule does this not apply in this case?

The issue with the pre-existing condition you were not aware of prior to receiving detailed scans as a result of the trauma from your road traffic accident is a commonly discussed one.

Whether or not the ‘think skill skull rule’ would have any bearing on your claim is a moot point. Has your Solicitor obtained a Barristers opinion regarding a valuation on your claim?

Ian, thanks for the reply. The problem I have is that they are panel solicitors that came with the legal cover on the bike insurance, I’ve had five case handlers in the 15 months the claim has been going, all unhelpful, arrogant and patronising. Yes we have had a meeting with the barrister and the solicitor, one hours worth of negativity all doom and gloom, all he did was repeat parrot fashion what the solicitor had already told me that because of the degenerative shoulder the claim will be devalued and the opposition will pay for a medical report which will state that my shoulder injury would have occurred in two years not four as in the two reports we’ve had already.

Given your feelings about the Solicitors handling of this matter (as demonstrated in your final sentence), you should make a formal complaint to your Solicitors. If you view your Solicitors website, you should be able to find their complaints procedure. This will explain how they would handle your complaint and the time frame in which they would deal with it.

I had a no fault car accident in which i had a torn meniscus. No previous knee problems. Insurance now say i could have had this knee problem anyway in the future, i am waiting surgery.

If you have not previously attended your GP or Hospital to discuss any pain or discomfort in your knee prior to the accident, then the Insurers have no basis upon which to claim that you could have had the injury anyway.

So long as your medical records tie up and the mechanics of the non-fault accident make sense, you should succeed with your claim.

The expert has stated ‘That I am a known patient with a back problem since 2013. That I had one issue. I had aggravation of pre-existing back pain due to her pregnancy. Now as a result of this accident the back pain has been aggravated further. The MRI scan studies have only suggested wear and tear. In my opinion the pre-existing back symptoms have been aggravated as a result of this accident for a period of 6 months and any ongoing symptoms are constitutional. As a result of the accident the client will not have any long term complication in the lower back.’ Therefore I have been refused loss of earnings for the full time I had been off due to this accident and will only get 6 weeks of pay for loss of earnings whereas I was off for roughly 2 years now. Is there no other way I can gain my loss of earnings?

You are in a very difficult position. You could seek a 2nd opinion from a medical expert, but you would have to pay that cost and there is simply no guarantee that they would reach a more positive conclusion. Furthermore, the defendant would not have to accept the findings of a new report and it would come down to a judge deciding which expert to base a judgement on.

I had a non fault accident on 8 April 2019.
I have suffered with back and hip pain since the accident. I was referred to an Orthopaedic Surgeon who briefly examined me, he said because of my age 73 it was a pre-existing condition that had accelerated due to the jarring of the accident and it may cause me long term suffering.
Before the accident I was completely pain free, I enjoyed going to the gym once or twice a week and Pilates twice a week, I also used to do a lot of walking with my daughters and grandchildren with no problems.
Clarity Solicitors want me to sign a document accepting an offer with no offer amount. He stated that the offer will probably not be very much due to a pre-existing condition. I am very dressed about this as this accident has left me in debt having to buy another car and I live only on my pension. Plus I now have a lot of discomfort when I go to my Pilates class and the gym and when walking. What advice can you give me please.

Your situation is one that comes up often in cases of personal injury compensation. The problem faced is that a medical expert opinion has been given that you would have suffered the condition anyway – but that the incident has simply sped the process by a year or two. The reality is that there is no way really to fight this, unless you want to risk further cost by instructing another medical expert (which you would have to pay for), without having any guarantee that they would not reach the same conclusion.

I am currently in midst of a case where I was involved in a car crash last June. Third party have admitted liability. The company I am using are useless. I have had several case managers and I am the one who is continuously chasing them. As a result of the accident I have a bulge on my spine l4&5 with tissue damage and apparently the onset of arthritis in my back. I have never had issues with my back before as can be seen from my medical records and I am having regular appointments with a back specialist which is leading me to have blocker injections before having nerves burnt. The report they did (the third party) stated that I also had a bulge but some of my pain is due to the arthritis and that the crash triggered it. Where do I stand on this considering I’ve never had back issues previously and the fact that my solicitor is not providing the service and do not have my best interests to hand.

The first course of action you should take is to make a formal complaint to your Solicitor regarding their handling of your claim (the rotation of case managers and any other issues you have). You can find their complaints policy on their website and it should explain the process. It would be wise to DEMAND that they put a qualified specialist Solicitor on to your claim rather than a claims handler.

I had a car accident which gave me ongoing injuries and some trauma symptoms and was settled. No claim for PTSD. I had a very minor bump some years later which shook me up quite bad and aggravated trauma symptoms related to the first much worse accident. I was diagnosed with PTSD for which I had to undergo treatment. Would this all just fall under 1st accident claim wise?

It very much depends on what was on your medical records for the condition and the 1st incident. It is likely that if the PTSD is sufficiently serious and you have received medical attention (such as counselling or other therapy) that a claim for the PTSD could be made for the recent incident.

Hi Ian, so what would be the best way to get this looked at?

The most sensible course of action would be for you to make further contact with us. Please use our online ‘start a claim’ form to submit some further information – or email us directly at justice@direct2compensation.co.uk outlining the date of the accident and what treatment you have had for the PTSD (along with your contact details) and we can then begin the process of investigating whether or not you can make a claim.

I suffered a back injury at work herniated disc in Aug 2016, this was discovered and treated in Nov Dec 2016. In the last 3 months happened 2 other minor accidents at work, which worsened my condition. Can I claim for these? I am under examination at the moment, because I feel my hernia is still not cured and I have hip, knee pain…thank you

The initial injury that was located and treated in late 2016 is not something you can now claim for as it is beyond 3 years ago. UK law applies a strict statute of limitation on claims for personal injury compensation, which requires a claimant to make their claim within 3 years of the date of an injury.

The two more recent incidents you mention could enable you to pursue a claim for the exacerbation of your pre-existing condition.

I am a bus driver and I had an accident and hurt myself on my lower back as I hit a car that pulled out in front of me as he thought he would make it. I had to brake hard and try to hold myself down at the same time as the bus does not have seat belts, even as a driver of double docker bus.
I’ve been in pain for a while, got sent for a scan and found out I have degeneration and arthritis on my lower back where the pain is, but before the accident I was happy and enjoyed driving never had any back problems now I can’t even drive my car. Where do I stand on this, as I must of had have degeneration /arthritis before the accident, but never was in pain or even aware of i had it now months down the line I’m still in pain ?

If you have the registration details of the vehicle that pulled out on you and caused the accident, you can pursue a claim against that drivers insurance.

A specialist Solicitor will instruct a medical expert to assess your injuries and discuss your medical history with you. Their report will conclude what injuries can be solely attributed to the road traffic accident and what injuries were pre-existing but have been exacerbated (and to what extent) by the collision. That report and the prognosis provided would then form the basis of the settlement negotiations in your claim.

Hi i was in a rta in 2013 and my case is still going on i hurt my lower back and neck in the accident. i had to have operation on lower back which hasn’t worked so i’m now waiting to get spinal cord stimulater inserted for constant nerve pain. I also suffer with chronic neck pain and was told by doctor they are gona concentrate on my back first before they tackle my neck. I’m still out of work since 2014 and still getting ongoing treatment but as per usual the other solicitors are saying its a preexisting injury because the line of work i’m in, lifting roller-shutters, which i cant do anymore. I was hit by a van with a trailer carrying wet concrete covered in plastic but thank god i’m still alive.

The incident in which you were injured sounds awful and given the severity of the injuries you have sustained, it is understandable that the claim has yet to settle.

I am 37 years old I had a car collision in 2018, this case is still in the process of completion. The experts are stating now that I have a pre existing medical condition and that its ongoing, therefore cannot claim my full work pay for the amount of time I was off due to this, they state can only pay 6 weeks prior to the accident.

Can they not argue this get second opinions on experts. As in reports it clearly states it has aggravated the pre existing medical condition but up to 6 months any ongoing pain they saying it’s by the pre existing medical condition. Which I do not feel so.

Of course it is possible to argue the findings of an expert, but it is not without risk or cost to do so. Your Solicitor could instruct a new independent medical expert in the hope that they would issue different, more positive findings. However, you would not be able to recover the cost of the 2nd report and you would have to pay the cost of that up front. If the report were to reach the same conclusion, you would be left out of pocket with the same outcome and if the expert were to reach a different conclusion, the defendant will still cite the findings of the previous report.

Good morning, last year I had an accident at work because of a machine malfunction. This was not the first time this particular role had injured someone, the company have admitted liability to myself. However they will not allow me to return to work until I give authority to my nhs scans which I do not want to do because the consultants opinion is that the accident accelerated my current conditions by around 6 months, and the conditions would have occurred naturally in the future. However I believe that they were caused by repetitive lifting roles within the company.

You should discuss the employers request for the medical records with your Solicitor.

In terms of providing your medical records, you could instead perhaps discuss this with your GP and see if they would be willing to issue written confirmation or a summary of your medical records relating to the injury to confirm that you are now fit to return to work without disclosing at this stage what the Consultant has said regarding the acceleration of symptoms.

Thanks for the information

You’re welcome. If you need any further help or want to find out more about making a claim for personal injury compensation, please do not hesitate to get in touch with us.

A friend had been diagnosed with PTSD but was coping well and leading an active sporting life.
She then was involved in a biking accident which was not her fault. This has worsened her PTSD and caused some additional possibly neurological pain.

Is she entitled to compensation for the exacerbated or aggravated condition?

Providing the biking accident you have mentioned was caused by another persons negligence (a vehicle driver), then your friend would be able to pursue a cycling accident claim for any new physical injuries caused as well as claiming for the exacerbation of the pre-existing PTSD symptoms. Of course, medical evidence will be needed to pursue such a claim.

I have had previous back problems which I have been to the GP about a number of times over the years. Last June I was employed by a care home and I was made to move clients without having been given moving and handling training and the impact on me from this is that it has greatly worsened my back problem.

Would this be a case to claim for (with already having back problems)? The company have admitted liability for this but my records show that I already had back issues?

Whilst you cannot hold the employer responsible for the full extent of your back problem, you are able to hold them to account for the worsening of your symptoms and exacerbation of your back pain.

The level of damages that you would be entitled to would be decided on the basis of the outcome of a medical experts assessment of your condition and their ability to extrapolate the level of symptoms that could be attributed to your employers negligence and what level of symptoms you already live with.

We would be happy to help you with your claim in order that you could look further in to making a claim for compensation.

I was in a RTA last week, the 3rd party went into the back of me, whilst I was stationary at traffic lights. I instantly had a headache at the base of my skull, the day after I had tingling in my arm right down to my wrist and its still like that now, it feels very heavy, I also have had bad mid back pain since the accident, my question is… Will I be able to make a successful claim having had previous back problems? The pain is in a new area of my back its mid back /ribcage area, but will my previous problem act as a barrier for a claim? I really am in an uncomfortable painful way at the moment. I have visited my GP and also asked for some physio. May I add the 3rd party has admitted liability.

Your previous back problems do not prevent you from pursuing a claim for compensation further to the road traffic collision in which you sustained new injuries and exacerbation of your previous problem last week.

You describe an accident scenario that would indicate that you are likely to succeed with a claim should you pursue one. A specialist Solicitor would instruct a medical expert to examine and interview you and then provide a detailed report explaining the impact of the accident on any pre-existing conditions as well as list and provide a prognosis for any new injuries sustained.