What happens if a car accident aggravates a pre-existing condition?
Motor Vehicles Accidents - April 1, 2025
A pre-existing condition is any medical issue, illness, or injury that a person had before a new event, such as a car accident. Common pre-existing conditions include back pain, arthritis, heart disease, migraine, and mental health conditions like anxiety and depression.
You have legal options if your previous injury has worsened since your car accident. Call a Chicago car accident attorney at Horwitz, Horwitz & Associates to learn your options and work toward obtaining the compensation you deserve.
Can I still recover compensation if I had a pre-existing condition before the car accident?
Yes. If a car accident worsens a pre-existing condition, you may be entitled to compensation for the increased pain, suffering, and medical expenses caused by the accident. Illinois follows the “eggshell plaintiff” rule, meaning the at-fault driver is responsible for the full extent of your injuries, even if you were more vulnerable due to a prior condition.
What is the “eggshell plaintiff” rule, and how does it apply to my case?
The “eggshell plaintiff” (eggshell skull) rule means that if someone injures you, they are responsible for all the harm they cause, even if you had a pre-existing condition that made your injuries worse. In other words, the person at fault can’t argue that you were more fragile than the average person to reduce their liability. They must take you as you are.
What if I have a chronic condition?
Even if you have a chronic condition, such as arthritis or a previous back injury, you may still recover compensation if the accident worsens your symptoms. The key is demonstrating that your pain, mobility, or need for treatment increased due to the crash.
What types of damages can I recover if my pre-existing condition was aggravated?
If a car accident makes your pre-existing condition worse, you may recover compensation for:
- Medical expenses for hospital visits, physical therapy, medications, and surgeries
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or diminished quality of life
How do I prove that the accident aggravated my pre-existing condition?
To prove that the car accident worsened your condition, you’ll need medical evidence, including:
- Medical records showing your condition before and after the accident
- Doctor’s opinions confirming that the accident caused an aggravation
- Diagnostic tests such as X-rays or MRIs
- Testimonies from medical experts who can explain the extent of the aggravation
Will the insurance company try to deny my claim because of my pre-existing condition?
Insurance companies often try to minimize payouts by arguing that your injuries were pre-existing and not caused by the accident. However, they’re still responsible for any additional harm the crash caused. Having strong medical evidence and an experienced Chicago car accident lawyer can help counter these tactics.
Do I need to disclose my pre-existing conditions when filing a claim?
Yes. Honesty is crucial when dealing with a personal injury claim, and attempting to hide a pre-existing condition can hurt your case if the insurance company discovers it later. Instead, focus on proving how the accident worsened your condition rather than trying to conceal it.
Can I still file a claim if I was partially at fault for the accident?
Illinois follows a modified comparative negligence rule, meaning you can still recover damages as long as you weren’t more than 50% at fault. However, the court may reduce your compensation by your percentage of fault, so a 20% fault on your side would reduce your settlement by 20%.
How can Horwitz, Horwitz & Associates help with my case?
Our skilled team can:
- Gather medical records and expert testimony to support your claim.
- Negotiate with insurance companies to maximize your compensation.
- Handle legal complexities, including proving causation between the accident and your worsened condition.
- Represent you in court if necessary.
Contact Horwitz, Horwitz & Associates today
If you or a loved one suffered an aggravated pre-existing condition due to a car accident, contact our experienced Chicago car accident attorneys today at (800) 958-1819 or via our online form. We’ll schedule a free case evaluation to discuss your legal options and fight for the compensation you deserve.
