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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...

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.

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.

I’m september last year someone drove into the side of my car and admitted fault. I immediately suffered back pain which I reported. I was immediately offered £1700.00 but declined as in a lot of pain. I was offered physio of which I had 13 sessions. When that ended I was offered £3100.00. I did not accept as still suffering back pain and i asked if I could see chiropractor of which they said they need to see my medical records to see if any prior condition of which there isn’t. I have saw a chiropractor today who informed me that my spine is bent and this is something that I have had for years but the accident has triggered the pain and it will take months to fix. Will the insurance company pay for the chiropractor due to accident triggering the pain or will they just say pre existing condition even though I didn’t know and have never experienced any back pain previously to car accident?

The defendant insurers may try to use the pre-existing spine condition against your claim and argue that the issue was not fully of their making. You should discuss this with your Solicitor and work on a plan to thwart any such move by them.

Hi I have fibromyalgia and chronic fatigue, diagnosed over 9 years and managed to maintain employment. I was recently involved in a car accident where the 3rd party cashed in the drivers side causing my condition to severely flare up and I am now off sick and pretty much house bound with little functioning. What are my legal rights in terms of claiming for the existing condition flare up? Thank you

You can make a claim for compensation for the injuries caused to you in a non-fault car accident. If successful with a claim, our specialist Solicitors will instruct a medical expert with expertise in the injuries you have suffered and fybromyalgia to examine you, discuss your symptoms and then provide a detailed report to enable an appropriate value to be assigned to your claim.

Hello I had surgery on my neck after being hit twice by inexperienced distracted drivers, despite the fact I had no previous damage prior to the no fault accidents, the insurance companies are trying to say I had pre-existing conditions that caused me to need surgery. My situation was I was physically assaulted 5 years ago – I had a concussion haematoma and stitches in my head. No bones were broken. Additionally I slipped on black ice 2 years later and went to get checked out as I had a slight head injury and left ribs bruised and muscle spasms in my shoulders. All tests showed no damage to my cervical or lumbar spine until after I was hit by the car then a year later I was hit from behind which made it worse and they are trying to say I had a pre-existing condition, when I clearly did not. I told them numbness or tingling I had was from stress aggravated muscle spasms and hyperventilating from stress.

The issue here is that the defendant insurers will be acting on the basis of medical expert opinion, most likely contained within an experts report provided to them as part of your claim.

Whilst you would not necessarily have felt any previous issues with your neck – other than the 2 traumas you mention – and you may not agree with the experts view, there is very little that can be done once an expert has given a view that somewhat undermines your view. Whilst you could seek a 2nd opinion medical report, it is unlikely that a 2nd report would be beneficial given that you would have to pay the cost of that (as you could not recover the costs of a 2nd medical report) and even if it were to contradict the 1st report, the insurers will argue that the 1st report still holds considerable weight.

I have a pre-existing medical condition that requires surgery of screws putting into my lower back. Chronic spondylosis, weakness in back bone mass. I’m on the waiting list for this at my hospital as my surgeon thinks that I should have it done ASAP. At the End of March I was in a RTA and the young lad has accepted full responsibility. I’m in chronic pain and have got a new injury to my neck as well and receiving treatment from a Physiotherapist for that new injury .
My lower Back condition has dramatically got worse and I’m having new symptoms and unable to work at the moment which is very distressing.
Am I able to make a claim even with a pre-existing medical condition, as this has got worse?

Although you clearly have a serious pre-existing condition, that will not prevent you from being able to make a claim. Following the road traffic accident in which you were injured in March, our specialist Solicitors would instruct a medical expert to interview and examine you, with sight of your medical records and provide a detailed report. The report would be able to ascertain the extent to which any pre-existing injury has been worsened and also note any ‘new’ injuries, such as that you mention to your neck.

If you have been able to work and manage the pre-existing back condition prior to this road traffic accident, we would also seek to recover any loss of income caused by the worsening of your pre-existing back trouble and the new neck injury.