Last Updated on March 26, 2025 by tanya

When a Pre-Existing Condition Worsens After a Car Crash

 

How To Claim When An Accident Was Not Your Fault

A pre-existing condition is any medical issue you had before being involved in an accident and when a pre-existing condition worsens after a car crash, you may be able to claim compensation. Pre-existing conditions can include back pain, arthritis, prior fractures or even chronic illnesses such as diabetes.

These cases may be more complex than a standard personal injury claim and First Personal Injury can help. We partner with experienced lawyers who operate on a ‘No Win, No Fee’ basis who can assess whether your case is valid.

 

The “Eggshell Skull Rule’

One of the fundamental principles in personal injury law concerning pre-existing conditions is the ‘Eggshell Skull Rule’. This states that a defendant cannot escape liability simply because the injured party was more susceptible to harm due to a pre-existing condition.

 

A Worsened Pre-Existing Condition

To successfully file a personal injury claim for a pre-existing condition that worsened due to a car accident, the injured party must establish certain key elements.

Proof of the Pre-Existing Condition

 

• Medical records that document the condition before the accident.
• Prior treatment records and diagnoses from healthcare providers.
• Evidence showing the severity and stability of the condition before the crash.

Proof of Worsening Due to the Accident

 

• Medical reports from doctors who have examined the individual after the accident, indicating that the condition has worsened.
• Diagnostic tests (MRI, X-rays, CT scans) comparing pre- and post-accident results.
• Statements from medical professionals establishing a link between the accident and the worsening condition.

Proof of Negligence by the At-Fault Party

 

• Evidence that another party was responsible for the accident.
• Police reports, witness statements, and traffic camera footage.
• Expert testimony if necessary to prove the defendant’s liability.

Aggravation vs. Natural Progression

 

The burden of proof often falls on the claimant to show that the accident made their condition worse rather than it deteriorating naturally over time. This is why medical documentation before and after the accident is critical in establishing the aggravation of the condition.

 

What Does Compensation Cover?

 

If you can prove that the accident worsened your pre-existing condition, you may be entitled to compensation for your medical expenses, lost wages and pain and suffering. Loss of earning capacity may also be considered. This is when the worsening of the condition affected your ability to work.

There are various steps you can take to strengthen your claim. This includes keeping detail records of medical treatments and prescriptions. It is important to seek immediate medical attention after the crash. This is crucial in documenting any changes in your condition and linking them to the accident.

 

We with work with lawyers who operate on a ‘No Win, No Fee’ basis and who can advise you as to whether you may claim compensation for your injury.

Contact First Personal Injury today at 0333 358 2345. Alternatively, you can complete our online contact form to schedule a free, no-obligation consultation with a member of our expert team.