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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...

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.

Hi, I was involved in a car accident over three years ago and suffered a whiplash injury. My solicitor has now stated that A medical report from a specialist has said I can only claim for mild whiplash even though I am still experiencing pain and a lack of movement in my neck. The solicitor stated I can only claim for mild whiplash, due to the fact that I had a previous injury to my neck and since the accident I have had to undergo a mastectomy for breast cancer and breast reconstruction surgery. The specialist said that my recovery should have taken about two years.
Please can you give me your opinion?

It is always disappointing when an expert medical reports provides details that whilst factually and medically accurate don’t match with your own view of your health and well-being. In this case, there is very little you can do, although you should discuss your options with your Solicitor. Whilst you could seek a 2nd medical assessment, the risks of doing so are high. You would have to fund the cost of such a report yourself (as you wouldn’t be able to recover the expert report costs) and there is a likelihood that the outcome could be the same – gaining you nothing and costing you money.

However, 2 years is a long period for symptoms for whiplash to be present and as such, the value of the claim could still be fairly high. We’ve an article on valid whiplash claims which might be of further help.

I had to make a claim with my employer at the time and they admitted liability for the accident. I then saw a medicolegal professional today and during the appointment he said that there was a note saying that I had hurt my knee in previous months which is untrue as I don’t work with ladders or go on ladders at home as I have a fear of heights. There is not medical history backing up there statement either. Could you please give any advice on where I stand?

If there is no medical history to show that you have previous knee injuries and no accident book entries to show that you have previously injured your knees at work, you do not need to be concerned.

It would be interesting to know where the note regarding the apparent previous knee injuries came from and who provided it, but the medical expert you saw can only report on what evidence they have seen – your medical records, the accident report and interviewing/examining you.

I have a condition called fibromyalgia and hidradenitis Supperativa both flare up when stressed and cause a vicious circle, I had an injury at work in January where I lifted a pallet by hand, we have no training or equipment and told by management to move them (20kg roughly in weight) I was called in the office after presenting sick note for no heavy lifting and was threatened to be sacked because of it, since my injury I have had a flare up of Hidradenitis and 9 weeks of antibiotics and it still won’t go, the constant pain from my back is stressing me out, stress is causing the HS to flare and because of both the fibromyalgia, can I include this in my injury claim?

Yes, you can claim for the exacerbation of any pre-existing health conditions as well as claiming for any new injuries caused. The lack of training and inadequate equipment that you mention indicates that you may well have a valid claim against your employer.

If you would like to find out more about your rights and how we can help you to make a claim for compensation, please call us on 01225430285.

Presently I have a claim for an injury at work liability has been accepted by my company but the medical evidence says I had a pre existing injury which I had no knowledge of or even symptoms. My work record shows I have never had any time off until this accident. I’m being penalised for an injury I didn’t know even existed, what do you suggest I should do before excepting any offers?
As I believe that even though these are medical opinions there is still amount of guess work as injuries affect differently to each person.

In your case, it would appear that the experts are saying that you would have suffered problems at some point and that the accident has simply caused an earlier onset of symptoms. As such, you can claim for that and claim for an exacerbation of symptoms but you cannot hold the defendant responsible for them in full.

Your options now (as your Solicitor has probably said) are limited. You could instruct a 2nd medical expert to write a report. However, you would have to pay the cost for that and it may well be the case that a different expert comes up with the same expert view. If they do, you’ve simply wasted money. If the expert comes up with a report that contradicts the first, that does not necessarily help as the defendant will still argue that the first report should hold weight and it would have to go before a Judge who will decide matters.

I am in the process of settling after a driver ran into the back of me. However, I have had a previous accident that exacerbated an anxiety condition I suffer from. The present accident has made this worse. If any driver is behind me closely while I am driving I have to pull over as I feel very anxious and have suffered panic attacks. In my previous job I drove from patient to patient. I changed my job because of this to a management position as I would be driving a lot less, but I still have to drive to assess patients and monitor staff. My anxiety has increased enormously within the past week, and it does affect my job as it takes me longer to complete my duties. I have already sent the paperwork off to settle but I am now wondering if I should have mentioned this before settling. What do you advise?

The exacerbation of a pre-existing condition or injury, whether physical or emotional (such as anxiety) is relevant and could have formed the basis of your claim.

Whether you could now withdraw your agreement to settle and seek to have the damage to your anxiety issue included is unclear. You should speak to your Solicitor regarding this urgently.

I was hit from behind in 2016 driver has admitted liability I have had lower back and muscular problems ever since the accident (no back problems before hand and nothing on my medical records) I had a mri scan which highlighted a dehydrated disc in my lumbar vertebrae and the medical professionals report is saying my muscular problems etc would have happened in 6 months even without the accident taking place. I’m struggling to digest these claims by the medical expert and I’m being pushed by my solicitor to settle the claim but I do not feel this is the right thing to do any advice would be much appreciated is there anything I can do to contest this?

The issue you raise is a commonly raised one. Sadly, there is very little you can do to refute the evidence of a medical expert and as such, your Solicitor is the best person to discuss any further options with.

Hello I’m currently pursuing a personal injury claim through a solicitor I was ‘sent’ to by my insurance company. I was a front seat passenger teaching a learner driver (I’m a qualified instructor) and we were struck whilst moving on the drivers side rear of the vehicle by an unlicenced driver. I have a history of chronic back pain episodes and was in a ‘healthy’ period when this collision took place. I initially had headaches, neck, back, hip and knee pain. I developed strange sensations in my arms and legs, tingling, creeping and sometimes heat which has now ‘settled’ into sciatica in my right leg. My current representatives don’t think there’s enough evidence that my current symptoms are related and feel that as I have a pre-existing condition, sooner or later a medical expert will put the sciatica down to that. They are about to refer me to an orthopaedic surgeon. I feel like I’m fighting a battle with them when they are supposed to be representing me. Should I stay with them or do I have an option to move my case to yourselves?

You do have an option to switch your claim to a new specialist Solicitor, but in the circumstances you have described, it is unlikely to have a material impact on the outcome of the claim. The best course of action in all cases is to try and work with your existing Solicitor. The medical expert may provide supporting evidence that enables you to claim in the manner you wish and whilst you are frustrated at what you have heard from your Solicitor, you must remember that they are being honest with you and working within the law and legal framework.

Hello Ian,
I had a fall in 2017, tissue damage to my arm and foot and damage to my knee, I was unable to walk the dog or go to the gym after the incident.

I had 8 sessions of Physio but it did not help, 8 months later I had an operation on the affected knee, they found PVNS lump and degenerative wear, arthritis within the knee.

I still have pain and struggle to carry out the things I used to, like going to the Gym.

The surgeon said the degeneration in the knee is likely to have been present prior to the fall and is likely to be longstanding, but the knee was not troubling me before and has become problematic following the fall and has worsened the symptoms of the pre existing knee degeneration. At some point I will require a knee replacement.

What kind of value would you associate with such a claim If I decided to peruse ?

I am afraid we simply cannot assign a value to your claim at this stage. Whilst you have described accurately what your Surgeon has said, it is impossible to know what the contents of an experts medical report would state with regard to the degenerative element of the injury and the element of trauma. Therefore, it would simply be dishonest to offer you a settlement valuation. We do have an article on knee injury claims which might provide some more info.

What I can say is that there is certainly sufficient damages in your claim to warrant making a No Win No Fee claim for compensation. To know whether or not you have a valid claim for compensation, we need to know what caused you to fall. Can you elaborate on that?

I fell off a rotting picnic bench last August- I have previous stenosis and now have found out that my spine is worse than thought after an MRI- I was doing very well before the accident- having had steroid injections and ablation to my nerves near the site in May 2018 – I had 2 jobs both self employed- since a week after the accident my life has fell apart gradually over the last 5 months – I cannot work and I even have to employ a dog walker- I have to shop online for everything and cannot get out as I can only walk so far – I am very upset as I now have to wait for the Pain team appointment and that could take another 14 weeks- will my pre existing condition affect compensation? Liability has been admitted by the place I fell off the bench – the specialist I saw on Wednesday this week admitted the fall would have not helped my condition at all – thank you.

Where you say you fell off a rotting picnic bench, do you mean that the bench broke because of the rot and that caused you to fall and suffer injury? If so, you may well have a valid claim for compensation.

We would need to speak with you to find out a little more about the incident, the location of the picnic bench and ideally view some photographs of the offending bench as this will enable us to make a more informed judgement as to whether or not you can pursue a claim for compensation.

My Husband was involved in an RTA nearly 3 years ago. He does have a solicitor (currently this is his 4th Solicitor) but my husband has just found out that he has a pre-existing medical condition which he knew nothing about before his accident. He has not been able to work since the accident – both his and my life is down the toilet now as he will never work again. He is now in constant pain in his right shoulder, neck and lower back.

His Solicitor wants him to accept an offer of £3750! His disabled mum is trying to help us survive – please, if you can help we’re at are wits end. The accident was not his fault.

The fact that an offer of settlement has been made (regardless of the rather low value) does prove that the accident was not the fault of your Husband. However, it would appear that medical evidence obtained (we assume from an expert medical report and various scans and investigations) does not support a claim that the accident itself has lead to the situation in which your Husband now finds himself in constant pain and unable to work. Indeed, the defendant insurers have clearly latched on to the fact that a pre-existing condition – albeit unknown to your Husband – was present and that as a result, he would have ended up out of work in due course due to this anyway.

As you can imagine, such evidence could well make it extremely unlikely to obtain a level of compensation that you had perhaps previously expected to have received.

Have you sought written explanations from your Solicitor as to why the currently settlement offer of £3750 is the best outcome given the situation? You should ask your Solicitor for supporting Counsel opinion and ask why they are not willing to go before a Judge to seek a higher value settlement.

I have a rare condition which effects my connective tissue. My shoulder dislocates regularly and I have joint and back pain daily. My partner and I were t boned and we both now have lower back pain. On top of this my shoulder is far more tender and I’m waking up with pain from dislocation in my sleep. Is my condition likely to hinder a personal compensation claim? The other driver has admitted full liability.

If you have not already done so, you should both be pursuing claims for personal injury compensation as a result of the accident you describe. Please call us on 01225430285 as we would be very happy to assist you both with No Win No Fee claims in this matter.

Whilst your pre-existing health condition would need to be taken in to account, the condition does not remove your right to make a claim for personal injury compensation. Simply put, it may be that your injury is more serious that it would otherwise have been due to the condition you live with so you may not be able to fully hold the 3rd party responsible for all of the discomfort or issues you have as a result of the accident, but medical experts will be able to provide relevant detailed reports that will establish the damage done to your existing conditions as well as any new ‘trauma’ injuries sustained and this will enable our expert specialist Solicitors to obtain compensation for you.

We look forward to hearing from you.

I have osteoarthritis of the spine. I was involved in car accident. Hospital missed on xray burst t9 vertabrae. This was then picked up on a ct scan at an appointment I had with an ongoing problem with my neck. I also suffered whiplash whilst waiting for acdf surgery. I have seen medical doctor and now waiting to hear from my solicitor. Will my pre existing medical problems reflect on my claim?

Pre-existing medical conditions will not impact on the claim in so much as it will have no bearing on whether or not you succeed with a claim. However, the pre-existing condition will be considered when it comes to the damage caused to you in the accident. Any new injury will be dealt with as a new injury, but the pre-existing problems you have will be considered when a medical expert reports on the extent of damage done to you in the accident.

Hi, I have been off work with a pre existing lower back issue which has been improving. However this morning I was hit from behind by another vehicle, I now have pain in my shoulders and neck and the pain in my lower back is now quite severe. Will having a pre existing condition affect a claim?

The pre-existing condition you mention will only be relevant if part of your claim relates to a worsening or exacerbation of that condition. Whilst you cannot claim for the condition, you can claim for any temporary or permanent worsening of the symptoms.

You can of course pursue a claim for any new injuries sustained in this road traffic collision and from what you describe, it would appear that you have sustained soft tissue ‘whiplash’ related injuries, commonly associated with road traffic accidents.

We would very much like to assist you with a claim for compensation and believe you have a strong claim.

I had an accident at work 2 months ago where faulty equipment caused a very heavy sign post I was carrying to drag me to my knees then land on me (my workplace took full liability) Big knee problem. Doctor said I’ve tore my meniscus which may require surgery. I had torn my meniscus and ACL 3 years ago playing rugby which will show on my medical record, but when I first tore my meniscus 3 years ago I rejected an operation offer from the hospital because my knee got better over time. I had been going gym and running since it happened in 2015 and it’s been completely fine up until my accident at work. Unsure whether to claim because it’s an reoccurring injury that’s happened again without having an operation the first time, do I have a case?

The fact that you had a pre-existing condition would not stop you from pursuing a claim for personal injury compensation. Expert medical reports will enable a specialist Solicitor to ascertain the level of exacerbation caused by the recent incident you describe and then seek the appropriate level of compensation.

The faulty equipment that you cite as the cause of this incident would give me an initial view that you do have a valid claim.

I have had an incident at work, leaving me with an inguinal hernia, there has been no risk assessment or follow up since the incident, I have never had manual handling train at work (very physical job), I believe I am now having a relapse of lower back problems (due to compensating for the restricted use of my abdominal muscles), would it be possible to claim for relapse of back problems?

You can claim for both the new injury (hernia) and also for the return or worsening of a pre-existing condition such as the lower back pain. The failure of your employer to provide manual handling training would be seen as employer negligence and my initial view is that you should make a claim for compensation with us. We have expert specialist Solicitors who would be very happy to pursue your claim on a No Win No Fee basis.

Please call us on 01225430285 or use our ‘start a claim’ page so that we can help you get your claim started.

I dislocated my shoulder at work 8 years ago, I didnt do anything about it at the time as all was fine. last year i had a another accident at work (same company just different role) which resulted in a partial dislocation (subluxation) again on the same shoulder. Since the accident i have needed surgery to stable to joint and also Steroid injection due to frozen shoulder after the surgery.

I have been going through a claim but the medial team my solicitors have used say that my injury is only 20% due to the recent accident and that the majority of it comes down to the previous incident which will reflect in my claim.

I cant see how this medical expert can say that what i have been through in the last year is majorly down to a accident that happened 8 years ago and hadn’t caused me any problems since. I understand a dislocation can weaken the joint but i wouldn’t have had to have gone through all of this if it wasnt for their negligence and the accident. My shoulder wouldn’t have 2 pins it and i wouldn’t have had to have shoulder arthroscopy or a steroid injection for the resulting frozen shoulder due to tightening of the shoulder to much in the first operation.

They have ammited liability for the accident last year, if they only give me a partial claim because they say the surgery was a result of somthing 8 years ago would i be able to use that case instead and then ask for the full amount?

Thanks.

The accident 8 years ago cannot be used in any claim as that is out of limitation. UK Law is strict with regards to legal claim periods and for adults, the claim limitation period is limited to a maximum of 3-years from the date of an accident.

As you clearly suffered a trauma to the shoulder 8 years ago, that is relevant in this claim in so much as the shoulder was clearly weakened by the initial accident. However, medical experts are stating that the recent accident is not responsible for the extent of the shoulder problem and although there has been a new trauma, that is only 20% responsible for your situation.

You could seek a 2nd opinion from medical experts, but it is unlikely to differ and is unlikely to be something you can recover cost for and would have to pay for yourself. You should discuss this with your Solicitor.

Hi I had a accident where I fell at work . Work admitted liability 3 weeks after I put a claim in, but my medical showed a pre-existing condition. I never ever suffered before the accident with my back, but now 9 months later I am still in agony but they are only saying 4 weeks injury for accident (l4 and l5 prolapsed disc). The experts history report stated no back history, but my lawyer says my claim is only worth £1000? I was Gob smacked! I am on a phased return to work of 6 hours a week and now my employer is trying to change my contract as I am not fit to do the job. Please help me as I am in bits. It was yesterday (02.10.2018) that I got this news and I am not happy with the outcome.

It is very hard to offer you any kind of game changing help in this matter. Whilst you have no history of back trouble, if a medical expert has advised of a pre-existing condition and it is contained within their report, it is very hard to argue against that. The defendants of course will latch on to that and use it to lower any settlement award that they may have to make to you.
You need to discuss your concerns with your current Solicitor and ask them to explain to you why your 9 months of agony are not being considered and why you have no history of back pain or trouble listed on your medical records if the expert is saying you have a pre-existing condition.

2012 I had an injury in the work place for a laceration to my wrist, I claimed negligence.
Month of time after I had back problems went to my gp I had back problems/ sciatica I’d got a bulged herniated disc / trapped a nerve. Was trying to join army and was rejected due to having sciatica on medical record. Wasn’t sure at the time how I’d incurred it, Friday morning 7th Sept 18 I had a industrial accident on my wrist incurring me to twist and hurt my back again, I’m 100% certain now because of the same pattern of injury that my back and sciatica started from my first injury – can I still claim as I’ve just pieced it together and can prove I’ve had medical attention at the time of the injuries and medical proof?

If the cause of the accident at work can be attributed to employer negligence or negligence by another party, you would be able to pursue a claim for compensation.

I would suggest that you call us on 01225430285 or use our ‘start a claim’ page so that we can further investigate a claim for you.