Law Blog

After an accident, one of the most common concerns we hear from clients is: “What if I already had an injury before this happened? Will that ruin my case?”

The truth is, having a pre-existing condition does not automatically prevent you from pursuing compensation in a personal injury case. What matters most is whether the accident aggravated or worsened your prior condition. With the right evidence and legal guidance, you can still protect your rights and secure a fair outcome.

                                                                          

How to Prove Aggravation or Worsening of Prior Conditions

Insurance companies often argue that your pain or limitations existed before the accident. To overcome this, you need to show that the accident made your condition worse.

Evidence of aggravation may include:

• New or intensified pain levels compared to before the accident
• Increased frequency of treatments or new medical interventions
• Changes in mobility, strength, or overall quality of life
• Doctor testimony confirming a clear difference pre- and post-accident

The law recognizes that people are not “perfectly healthy” before an accident. If a negligent act worsens a pre-existing condition, the at-fault party can still be held responsible.

The Role of Medical Records and Expert Opinions

Medical documentation is one of the strongest tools in cases involving pre-existing conditions. Detailed medical records allow us to show your health before the accident versus after.

Additionally, medical experts can explain:

• How your prior condition was stable or under control before the accident
• Why your current symptoms are consistent with an aggravation caused by the new incident
• The long-term impact of both the old condition and the new injury combined

Bringing these records to your first meeting with your lawyer ensures your legal team has the strongest starting point for building your case.

Insurance Company Tactics You Should Know

Insurance companies often look for ways to use pre-existing conditions against you. Some of the most common tactics include:

• Blaming your current pain entirely on past injuries
• Cherry-picking old medical records to downplay the severity of new symptoms
• Pressuring you into quick settlements before the full extent of your aggravated condition is known

This is why it’s so important to know how to avoid common mistakes after an accident, such as skipping medical appointments or speaking to insurance adjusters without legal guidance.

An experienced attorney can push back against these tactics, highlight the true impact of your aggravated condition, and negotiate for the fair settlement you deserve.

Why Legal Guidance Matters

Cases involving pre-existing conditions require extra attention to detail and careful documentation. At Sherwood Law Group, we understand the complexities of proving aggravation and handling aggressive insurance defenses.

During your first meeting with your lawyer, we’ll:

• Review your prior and current medical records
• Identify potential challenges from insurers
• Work with medical experts to strengthen your claim
• Develop a strategy that clearly shows how the accident worsened your condition

Contact Sherwood Law Group Today

A pre-existing condition doesn’t disqualify you from seeking justice. If your health has worsened because of someone else’s negligence, you deserve compensation for the added pain, expenses, and impact on your life.

📞 Call 312-627-1650
 🌐 Visit www.sherwoodlawgroup.com
💼 Schedule your free consultation today