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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...

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.

when providing access to my medical records do these have to be from birth or only from the time my pre existing condition was diagnosed?

Only medical evidence that is relevant to any aspect of the claim must be disclosed. For example, if you were making a claim for injuries to the back, any pre-existing medical treatment sought for back problems would be relevant and ought to be disclosed. If for example, you had also had a completely unrelated operation on a foot 10 years ago (or any other unrelated medical treatment) that would not be relevant and therefore not disclosed.

Hi, 10 years ago I broke my scaphoid bone in my wrist and had to operate to fix it with a bone graft from my hip and a screw holding it together. A couple of months ago I was the driver in my van sat waiting at red lights when a car ploughed into the back of me at speed and wrote my van off. I suffered neck/back whiplash and re-broke my wrist bone that I had fixed 10 years ago. I’ve managed to do my my job without problems until this accident happened. I’m now off work and have had an operation to completely remove the broken bone and fuse a couple of bones in my wrist. Would I get less compensation on the wrist as I’ve had an issue with it before or would they treat it as a new issue ? Thanks

Whilst you have had an old injury, it is hard to see how that damage from 10 years ago that had been completely repaired could be used against you in any claim for the severity of the injury you have now suffered in this recent accident. You also have other ‘new injuries’ such as the whiplash you mention and it is likely that you have a strong claim with good prospects of obtaining a substantial sum of compensation.

Our specialist Road Traffic Accident Compensation Solicitors would very much like to work for you with regards to your claim.

Hi, I know a friend who had an accident on a motorbike and was seriously injured (back included).
2 months before they had a car accident which effected their back and claimed for this.
Will they be able to claim for the new injury in the back on the motorbike as it was a pre existing condition or would it be better not to mention it – will he get less money? My friend did say he was told to mention if he has had any pre existing.

It would never be wise to not fully disclose any pre-existing condition. In all claims for personal injury compensation, medical evidence is used to ascertain the appropriate level of damages and the records are available to BOTH parties in the claim. Therefore, pre-existng conditions will be discovered and if they have not been noted freely by the claimant, it could count against them

Your friend will be able to claim for the further damage done in the motorcycle accident as medical experts will be able to ascertain the difference between the pre-existing condition and the damage done in the motorcycle accident.

Hi, I had a preexisting back injury in 2014 were I suffer low back pain and sciatica. I recently slipped in a retail store on some conditioner that fell from a table onto the floor. I went to the E.R and had X-rays of my knee and hip. The doctor said I have arthritis in my knee and some inflammation around my hip area. Now I’m also experiencing a different pain in my back that was never there before. What can I do about this?

Whether there is a pre-existing condition that is exacerbated by an accident or a new injury suffered, as with any claim for personal injury compensation the most important factor will be liability. In your case, you slipped on a spillage on the shop floor that had created a slipping hazard. Whether or not you will be able to claim compensation for slipping on a wet shop floor, will depend on whether or not the store in question can mount a robust defence. In the UK, the courts have ruled previously that it is not fair to expect a store to immediately locate and clean any spillage. Therefore, the courts have required stores to have a reasonable cleaning and inspection regime in place that means that they inspect their aisles and shop floor areas every 15-30 minutes to identify any slipping hazards. When they find them, they must mark the slipping hazard with a warning sign and arrange a clean up.

In your case, if the conditioner had been on the floor for sometime, you are likely to be able to pursue a claim for slipping accident compensation.

It would then be for medical experts to agree as to how much the fall had exacerbated or worsened your pre-existing back condition and what new injuries you had sustained.

I have made a claim for compensation after a fall. I went for an MRI and the resulting diagnosis was that osteoarthritis is starting. I have been in pain since my fall, but my Solicitor stated that I already had this condition and would not be admissible in court.

On reading up about osteoarthritis, I note that it is or can be brought on by trauma – such as an accidental fall. This is first called trauma arthritis and becomes osteoarthritis. Is there evidence that this is the case? Just get standard quantum settlement for fall as I could loose if fought further?

When any claim for personal injury compensation is settled, the amount of compensation that can be claimed will vary depending on the contents of the medical evidence and medical assessment report prepared for the claim.

As such, the medical evidence can only be deemed to be relevant or applicable if it relates to injuries caused in the accident and NOT for any pre-existing or non-related medical condition. As such, if the experts are saying that you already had osteoarthritis, you won’t be able to claim that your accident has caused the condition as you won’t have the evidence to support that allegation.

I had a car accident August 2014. I was sent for a X-ray September 19th 2014, hip pain, my three year insurance period has been protected where they discovered arthritis. I have had no hip problem ever in my life, in December 2017 I had hip replacement, the specialist says that the accident has brought forward the need of hip replacement by one year. I disagree as never had hip problem ever, my physio says I could have had arthritis and it would never had arisen if not for the trauma of the accident. My solicitors are very dismissive of the case. I have asked for a second opinion as I do not agree with the specialist, the solicitor I have is part of my car insurance and are not very helpful.

It is very difficult to advise on an ongoing case without our Solicitors having had sight of medical evidence or an expert report, but we can certainly facilitate you having a conversation with one of our specialist Road Traffic Accident Solicitors in order that you could find out whether or not it would be in your best interests to switch to a new Solicitor.

We often hear anecdotal reports from claimants who have been working with Solicitors that they were introduced to by their insurers that match that stated by yourself. There can appear to be a lack of independence in such circumstances and claimants often state that they feel as if they are being guided towards a settlement that doesn’t seem to adequately cater for their injury or loss. Rightly or wrongly, this is how many people feel and is one of the key reasons why we would always advocate instructing a fully independent specialist Road Traffic Accident compensation Solicitor to pursue a claim for compensation.

I was in a car accident as a passenger and have a pre-existing medical condition that causes me to have seizures. After the accident, I suffered a few seizures that I believe was down to the accident. Could I make a claim for this?

I am full time carer for my adult daughter who requires 24 hr care, but due to back and neck problems, I was unable to give her the care my self and had to get someone in to help with this which caused my daughter a lot of distress as she does not like change. Again, could I claim?

It sounds as if you have suffered from a whiplash type injury to the neck and back as well as suffering from additional episodes of a pre-existing condition as a result of the accident. If successful with a claim for compensation, you could recover damages for the injuries to your neck and back as well as an element of compensation for the exacerbation of your pre-existing condition and our specialist Solicitors would also make a special damages claim on your behalf to recover the costs of additional care for your daughter as well as any other expenses and losses you have incurred.

I have a pre existing issue with my hips which is under investigation, this also highlighted degenerative disc problems in my lower spine on XRay. I had a crash last week where the drive came out of a side road into the side of my car, enough to put my car on the other side of the road. Since then my pain has increased and I am on my maximum pain medication but the pain I was feeling in my hips has now moved to my lower back, I am finding moving from sitting to standing and vice versa difficult and feel stiffness in my upper back/shoulder area. Is it possible the accident can have caused the additional pain and trauma and therefore is it worth pursuing given my pre-existing condition?

I would say you don’t need to worry about your pre-existing conditions counting against you. Whilst you are used to living with discomfort and pain, it does not mean that you should not exercise the same right as anyone else to pursue a claim for road traffic accident compensation if you have been injured in a collision. The road traffic accident that you mention would have undoubtedly caused trauma to your soft tissues and definitely exacerbated any pre-existing conditions you already live with. With this in mind, the pain you now feel in your lower back could be a new injury or may simply be referred pain. However, both or either have been caused by the car accident last week and can be included in any claim.

Hi, I have had three micro disectomys on my back on the same disc,the last one in 2016, I have had no problems since. I have been fighting at work for a proper chair for my back for two years, I was having to use a small round stool on wheels, last week the stool moved and I fell into the floor. I now have serious back pain and sciatica in my leg. Could I make a claim against my work or would it just be classed has a pre existing problem? Thanks

Your employers failure to provide you with a proper working chair despite your repeated requests for one could well be seen as employer negligence and if we can demonstrate that as being fact, you could well make a claim. I think we should put your claim to our specialist accident at work Solicitors and let them investigate this for you as you could well be able to claim for the symptoms that this recent accident has caused.

Your medical records will reflect the previous problems that you have had and the surgical interventions that you have been subjected to. This however, will not prevent you from seeking damages to the soft tissue injuries and pain that you have been caused in this incident.

I had scoliosis correction on Jan 22nd 17 and was advised by my doctor not to drive for 6 weeks, I left it 12 weeks till i started to drive little distances because I then felt confident but then on Friday 8th April 17 a BMW went into the back of my car causing me and my passenger to be thrown forwards and my car was then written off, third party has confirmed full fault for this accident. Is it legal for me to claim compensation I fear the third party will try and blame all the injuries on my spinal surgery I had in January. I would just like to be reassured that I could have a good chance as this has completely destroyed my confidence.

Yes, you can definitely claim for this. Although you have had recent surgery, that would not prevent you from claiming. In your case, medical evidence can be used to determine the damage that the recent accident has caused to you and how it has impacted on any pre-existing condition or surgery.

Hi. My husband has recently had surgery (6weeks ago) for a revision disectomy. It was done privately via a work insurance scheme. He suffered with extreme sciatica as a result of a badly slipped disc. He’s had time off of work and is due to return on a phased scheme due to the nature of his surgery. In the last week, a taxi driver pulled out and collided with the rear drivers side of our car, he was completely at fault – im wondering if there is grounds for a successful claim, firstly because he’s still fresh out of surgery, who knows if it’s jolted the disc slightly, potentially causing it to slip again in the future. secondly because the collision, although only moderate, has also caused some pain to the shoulder area and to the lower back.

Hi, there is definitely a claim to be made here – for your husband and anyone else in the vehicle who sustained injuries.

In the case of your Husband, he can clearly claim for the pain to the shoulder and also for the injury to his lower back. Of course, he has a notable pre-existing ‘injury’ and therefore the condition of his lower back was known to be weaker than usual. However, he can still claim for any further damage – or set back to recovery – caused by the road traffic accident you mention.

HI there, I was recently in a car crash as a passenger in a taxi when a van crashed into the back of our vehicle which was static when we were hit. The week before I had injured my knee by falling down the stairs and having visited a and e they told me my leg was stable and there was no real issue with my knee. However, during the crash I had my leg straight and against the foot well which caused me serious discomfort. Having attended a and e after the crash I was referred to a consultant and it has now been confirmed I have an ACL rupture and tear to my lateral meniscus. The question I have is how will me having a previous injury despite it not being severe affect my claim?

I am sorry to hear about your car accident and I hope that you are not too upset by the incident. The situation you describe would not have any undue effect on a claim for compensation for the injuries you have sustained in this car accident.

If I understand your comment correctly, you had been checked over for a knee injury after a fall down some stairs and given a diagnosis of soft tissue damage – such as bruising etc, with no significant injury. The Hospital have discharged you at that stage with no further medical treatment. The fact that you have then sustained damage to that knee in a road traffic accident a week later in which the injury to the knee is now significant and requiring remedial surgery, simply indicates that the injury was caused by the road traffic accident.

Of course, your knee may have been a little weaker than ‘normal’ due to the existing bruising etc and a defendant insurer may try to use that to settle the claim at a lower rate, but there is no material proof that your knee was weaker given the Hospital’s findings when examining your knee after the fall down the stairs.

You should definitely pursue a claim for this injury and we would gladly assist with this.

On the 10 Feb I alighted a bus. As I pulled the seat down to be seated the bus pulled away allowing me no time to be safely seated. I was thrown to my left against a horizontal handrail. I phoned the bus company when I got home and left a message. I also emailed the bus company later in the day. They replied on the 11 Feb with a standard email.

After a very painful and stressful night I attended a walk in medical centre where I was diagnosed with whiplash and arthritic reaction. I was prescribed painkillers and anti-inflammatories. I also attended my GP today 16 Feb due to pain in my left breast. He located a small cyst. Until the incident I had no discomfort in my breast. I have Sjorgrens and Raynards disease and am suffering more intense symptoms such as swollen, painful fingers, burning pain in lower legs, very dry mouth and eyes, fatigue, loss of appetite and stiff joints, dizziness and nausea.

I would like my rights clarified and if my pre-existing condition will go against me claiming compensation?

I have seen claims arising from identical situations succeed and I have also seen them fail, so whether or not your claim would succeed, I could not be 100% certain. However, I would not let that stop you from making a claim against the bus company.

I recently dislocated my shoulder at work and have had to take the last month off. I previously dislocated my shoulder about 6 yrs ago. Is it still possible to claim compensation even though it was a previous injury?

The fact that you had previously injured that shoulder would not stop you from being able to pursue a claim for compensation. The pre-existing injury is relevant in terms of the total damage done in the accident at work, but you should still pursue a claim for compensation if you feel that the employer is responsible in anyway.

Hi i had an existing back complaint not too serious but at work whilst carrying a length of pipe my back went badly and was informed by my doctor i had slipped a disc. i had to have nearly three weeks off work unpaid but have i got a compensation claim even though i had a “dodgy” back already.

The simple answer is yes – you can pursue a claim for compensation for the worsening of a pre-existing injury or complaint.

In your case, whether or not you will be able to succeed with a claim will rest on being able to demonstrate employer negligence towards your health and safety. We would need to find out what kind of training – such as manual handling training – was offered by the employer, how they asked you to lift and work and what weight the items were that caused you to suffer the symptoms you mention.

If you would like us to investigate this for you, we’d be more than happy to do so.