Imagine you’ve been in an accident, and while dealing with the physical pain and emotional stress, you start to notice that an old injury flares up again. It’s frustrating, and it raises an important question: Can I get compensation for the aggravation of a pre-existing condition? If you’re dealing with this situation, you’re not alone. Many people find themselves in this exact position, unsure about how the law views the impact of their pre-existing conditions on their personal injury claims. Let’s break down what you need to know about how aggravating a pre-existing injury can affect your settlement and what steps you should take to ensure you’re fairly compensated.

What Is an Aggravation of Injury?

An aggravation of an injury occurs when an accident worsens a pre-existing injury, making it more severe or causing additional complications. This could involve an old back problem that flares up, a joint injury that becomes more painful, or even a chronic condition that becomes more debilitating after the accident. In legal terms, the aggravation is treated as a new injury, and you have the right to seek compensation for the added pain, suffering, and medical treatment required.

Significant aggravation of a pre-existing condition occurs when an accident substantially worsens an existing injury or condition, leading to increased pain, disability, or the need for additional treatment. Unlike a temporary flare-up, this means the condition becomes much more severe and may result in long-term effects or permanent limitations.

Examples of an Aggravated Injury

If you have a pre-existing injury, an accident can often make things worse, leading to increased pain, limitations, and complications. This is especially true in various situations such as car accidents or work incidents, which often exacerbate existing injuries. Here are some common examples of aggravated injuries that can occur in these types of accidents:

• A back injury from a past fall that becomes more painful after a car accident.
• A knee surgery from years ago that flares up and causes increased pain after a recent accident.
• A pre-existing neck condition that worsens, leading to chronic discomfort and limited movement following a crash.
• A prior shoulder injury that was manageable but became debilitating after an accident, affecting mobility.
• A previous wrist injury that escalates, causing long-term pain and disability after a slip-and-fall incident.

For instance, imagine you were in a car accident that aggravated a shoulder injury you’ve had since a sports accident years ago. While the injury used to cause occasional discomfort, it becomes constant after the crash, severely limiting your ability to lift objects or perform daily tasks. Understanding pre-existing conditions is crucial here because it helps determine how much compensation you may be entitled to after an accident. Let’s look at what pre-existing condition means from a legal perspective.

What Is a Pre-Existing Condition?

A pre-existing condition is any health issue or injury you had before the accident, such as a previous back injury or chronic conditions like arthritis. Even though these issues existed prior to the crash, if the accident worsens or aggravates them, you may still be eligible for compensation.

Types of Pre-Existing Injuries or Conditions

Pre-existing injuries or conditions can vary widely, and they all have the potential to be aggravated by an accident. Some common types include:

• Back Injuries: Conditions like herniated discs, sciatica, or chronic lower back pain that have been managed over time but may worsen after an accident.
• Joint Problems: Knee, shoulder, or hip injuries that involve previous surgeries, arthritis, or long-standing pain, which could become more severe after trauma.
• Neck Injuries: Whiplash or cervical spine injuries that might be aggravated by a new accident, leading to chronic pain or limited mobility.
• Previous Surgeries: Old surgical sites such as a hip replacement, knee surgery, or back surgery, which can flare up and cause more problems following an accident.
• Chronic Conditions: Issues like arthritis, fibromyalgia, or nerve damage that might not have been disabling but could be exacerbated by an accident.

If you’ve had knee surgery in the past and managed mild discomfort, a car accident could cause increased swelling and pain, limiting your ability to perform everyday tasks like walking or climbing stairs.

To better understand how different levels of injury worsening are treated in personal injury claims, it’s important to distinguish between terms like ‘aggravated’ and ‘exacerbated.’

Aggravated vs. Exacerbated: What’s the Difference in Personal Injury Claims?

In personal injury law, “aggravated” and “exacerbated” refer to different levels of injury worsening due to an accident.

• Aggravated: This occurs when an accident causes a pre-existing injury to become more severe, painful, or limiting, often requiring additional treatment. For example, if you have knee surgery before and a car crash makes your knee significantly more painful, the injury has been aggravated, and you may be entitled to compensation for the increased severity.
• Exacerbated: This refers to a temporary flare-up of an injury that doesn’t lead to long-term damage. For instance, if your chronic back pain flares up temporarily after a crash, it has been exacerbated, and compensation may be limited to short-term treatment costs.

Knowing the difference can help you determine the type of compensation you may be entitled to.

How Pre-Existing Injuries Can Affect Your Personal Injury Claim

If you have a pre-existing condition that was worsened by an accident, you can include the aggravation of that condition in your personal injury claim. This is common in cases where a car crash or another type of accident exacerbates an existing issue, such as back pain, or a chronic condition like arthritis. The key is to show that the accident caused the condition to worsen, and you can seek compensation for the additional pain, medical treatment, and limitations caused by the aggravation.

What is an Aggravation Claim?

If the accident only worsened your pre-existing condition, and you do not have a new injury, you can still file a claim focused on the aggravation. For example, if you’ve had a previous knee surgery that was healing well but becomes more painful after a car accident, you may have grounds for an aggravation claim. This claim allows you to recover compensation for the added pain, treatment, and limitations that result from the accident’s impact on your pre-existing condition.

Determining Liability and How Pre-Existing Injuries Affect Your Claim

Aggravation claims play an important role in determining liability, especially when it comes to pre-existing injuries. While pre-existing conditions can complicate the process, they do not prevent you from seeking compensation. The key factor is proving that the accident either worsened your injury or led to additional harm. Here’s how the main parts of liability that are causation and a clear link between the accident and your injury come into play:

• Causation: To establish liability, you need to show that the accident caused your injury to worsen. This means demonstrating that the crash was a direct factor in increasing your pain, disability, or need for medical treatment.
• Clear Link: It’s not enough to simply say that you had a pre-existing condition and now your symptoms have worsened. You need to provide:
  • Medical Records: Detailed records from your healthcare provider that document the state of your condition before and after the accident.
  • Expert Testimony: A medical expert may be needed to testify about how the accident directly contributed to the aggravation of your injury. This expert can help explain why the accident caused a worsening of your symptoms or a new issue.
• Overcoming Defense Arguments: Insurance companies or defense attorneys may argue that your current symptoms are unrelated to the accident, claiming they stem entirely from the pre-existing condition. In these cases, your goal is to show that the accident either triggered or made the injury significantly worse.

For instance, if you had a past knee injury that was manageable, but after a car accident, it became swollen, painful, and severely limited your movement, you need to connect the worsening condition to the crash. By presenting with proper documentation and expert support a clear link between the accident and the worsening of your pre-existing injury, you can strengthen your claim and ensure that you are fairly compensated for the added pain, suffering, and medical costs.

This sets the stage for the ‘Eggshell Plaintiff’ rule, which further protects victims with pre-existing conditions by holding defendants fully accountable for all resulting harm.

What is the “Eggshell Plaintiff” Rule in Personal Injury Claims?

The ‘Eggshell Plaintiff’ rule supports all victims with pre-existing conditions, ensuring they are protected if an accident worsens their condition. The “Eggshell Plaintiff” rule holds the defendant fully responsible for the harm caused to a victim, even if the victim had a pre-existing condition that made them more vulnerable. This rule ensures that victims are compensated for the full impact of the accident, including the aggravation of pre-existing conditions.

What You Can Do If a Car Crash or Other Accident Aggravates a Pre-Existing Injury

If a car crash or any other accident aggravates a pre-existing injury, you still have the right to seek compensation for the increased pain, medical treatment, and limitations caused by the accident. Keep in mind the next key steps to take:

• Seek Immediate Medical Attention: Get evaluated by a doctor as soon as possible. It’s crucial to document any changes in your condition after the accident, as medical records will play a key role in proving how the injury worsened.
• Keep Detailed Records: Document your symptoms and how they’ve changed since the accident. This includes keeping track of any new pain, discomfort, or limitations in your daily activities.
• Gather Medical Evidence: Provide your medical history before and after the accident. This includes any previous treatments or diagnoses related to the pre-existing injury and evidence that shows how the accident has caused a worsening of your condition.
• Consult with an Experienced Attorney: An attorney can help you navigate the complexities of proving how the accident aggravated your pre-existing injury and filing a claim. They can assist in gathering expert testimony and medical records to build a strong case.

Ensure that the full impact of the accident on your pre-existing injury is properly recognized, and keep detailed records of each step to support your claim for different types of compensation.

What Damages You Can Recover in an Aggravated Pre-Existing Injury Settlement

In a personal injury claim when the accident aggravates a pre-existing injury, you are entitled to recover a variety of damages that reflect the increased severity and impact on your life which are:

• Medical Expenses: This includes the cost of treatment required to address the worsening of your condition, such as doctor visits, surgery, physical therapy, and prescription medications. If your injury requires long-term care, those future medical expenses can also be considered.
• Pain and Suffering: The aggravation of your injury likely brings increased pain and discomfort. You can seek compensation for the physical and emotional suffering you endure as a result of the worsening condition.
• Lost Wages: If the aggravated injury prevents you from working, you can recover compensation for the wages you’ve lost due to your inability to perform your job. This includes both short-term and long-term loss of income if your condition affects your ability to work in the future.
• Loss of Quality of Life: Compensation can cover the impact on your overall quality of life and your ability to enjoy everyday experiences.
• Permanent Disability or Impairment: If the accident causes permanent damage or disability, you may be entitled to compensation for the long-term impact it has on your ability to live independently or perform tasks that you once could.

By documenting the full extent of how the accident has aggravated your pre-existing injury and working with an experienced attorney, you can pursue a fair settlement that covers all aspects of your damages.

How a Pre-Existing Condition Could Affect a Settlement Amount

The settlement amount for a pre-existing injury claim depends on several factors, including the severity of the injury, the impact of the accident, and the quality of the evidence presented. For example, on average, settlements for aggravated pre-existing conditions in car accidents range from $50,000 to $300,000. In more severe cases, such as a prior knee surgery being exacerbated by a car accident, settlements could reach $500,000 or higher, especially if the injury causes long-term disability or requires additional surgeries.

Now, let’s look closer at some of the common cases of pre-existing conditions and how they aggravate accident injuries and impact the settlement.

• Pre-Existing Neck Injury Settlement: If you’ve had a neck injury before, such as whiplash or a herniated disc, the accident could exacerbate the pain or cause additional complications. You’ll need to provide new diagnostic tests or treatments that directly link the crash to the aggravation. Settlements for aggravated neck injuries can vary widely, but they generally range from $50,000 to $300,000.
• Pre-Existing Back Injury Settlement: A pre-existing back injury, like a prior herniated disc or chronic lower back pain, can also be aggravated by an accident, supported by medical records and expert testimony. The average settlement amount for an aggravated back injury is typically between $75,000 and $400,000.
• Pre-Existing Knee Injury Settlement: Knee injuries are another common pre-existing condition that can be aggravated by an accident. The settlement amount for aggravated knee injuries often ranges from $100,000 to $500,000, depending on how the injury impacts the person’s mobility and quality of life.
• Whiplash Injury with Pre-Existing Condition (Neck or Back): In cases where whiplash exacerbates a pre-existing neck or back condition, the settlement could fall in the range of $30,000 to $200,000, depending on how severely the injury worsens the pre-existing condition and the long-term effects.

In 2018, at Steinger, Greene & Feiner we successfully secured a $8,197,303.49 jury award for our client, whose pre-existing conditions were severely aggravated in a rear-end collision, ensuring he received justice for his pain, suffering, and loss of capacity to work.

In another case, our lawyers secured a $1,000,000 verdict for a single father whose ability to work and support his three children was impaired due to new injuries and the aggravation of a pre-existing condition, holding State Farm accountable after they delayed accepting responsibility.

However, each case is unique, and the final settlement amount will depend on the specifics of your condition, the accident’s impact, and how well you can prove the aggravation of your injury.

DON’T When Filing an Aggravated Pre-Existing Condition Claim

You can already see the complexity of an aggravated pre-existing condition claim. Here are a few crucial things to avoid when filing such a claim to increase your chances of success:

1. Don’t Downplay Your Symptoms: If your condition worsens after the accident, don’t downplay your symptoms or wait too long to report them. It’s important to be thorough in documenting all changes to your condition, even if the symptoms seem minor at first.
2. Don’t Skip Medical Treatment: Failing to follow your doctor’s advice or missing appointments can hurt your claim. Consistent medical treatment shows that the accident worsened your condition and that you’re actively working to manage the aggravation.
3. Don’t Neglect to Keep Detailed Records: Without detailed documentation, it can be challenging to prove how the accident impacted your pre-existing injury. Keep records of all medical visits, treatments, and how your symptoms have changed post-accident.
4. Don’t Hide or Withhold Information: Full disclosure of your pre-existing condition is crucial. While it may feel uncomfortable to share the extent of your prior injuries, withholding information can harm your credibility and jeopardize your claim. Insurance companies will investigate your medical history, and failing to be honest can lead to your claim being denied or devalued.
5. Don’t Make Assumptions About the Insurance Company: Never assume that the insurance company will automatically agree to compensate you fairly. They may try to minimize the impact of your pre-existing condition, so be prepared to provide strong evidence.
6. Don’t Settle Too Quickly: It might be tempting to settle your claim early, but doing so without fully understanding the extent of your aggravated injury could result in a lower settlement. Consult with an attorney before accepting any offer to ensure you are being fairly compensated.

Keep in mind these specifics when handling an aggravated pre-existing condition claim. This type of claim is often highly complex, making legal assistance truly invaluable.

Why You Need a Lawyer in Cases of Aggravated Pre-Existing Condition Claim

If your pre-existing condition has been aggravated by an accident, having a personal injury lawyer by your side is crucial to ensuring you receive fair compensation. Insurance companies often try to minimize the impact of the accident on your injury, arguing that it was unrelated or inevitable. At Steinger, Greene & Feiner, we can help by gathering the right evidence, such as medical records and expert testimony, to demonstrate how the accident worsened your condition.

For example, if a car crash exacerbates a previous back injury, our car accident attorneys will work to show how the accident made the injury more severe. With our legal expertise, we’ll help you maximize your chances of securing the compensation you need for the aggravation of your injury.