Can a Pre-Existing Condition Actually Help Your Injury Case?
Understanding How Pre-Existing Injuries Affect Personal Injury Claims
After an accident, most people feel extremely stressed out. If you're dealing with a pre-existing condition, that stress can turn into confusion or even fear. Many folks in New York assume that their past injuries or health problems will hurt their case. But here’s the truth: having a documented pre-existing condition can support your claim.
At Horn Wright, LLP, we’ve handled injury cases across New York State, including those involving serious pre-existing conditions. Our attorneys know how to build claims that focus on how your condition got worse, not just that it existed. When someone else causes harm, you have every right to seek compensation, even if you weren’t in perfect health before the accident.

What Counts as a Pre-Existing Condition in New York Law?
New York law doesn’t punish you for having a health history. In legal terms, a pre-existing condition is any medical issue you had before the incident that caused your current injury. That might be something ongoing or something you fully recovered from years ago.
Certain conditions come up over and over again in personal injury cases in New York:
- Previous neck or back injuries
- Joint damage from old sports injuries
- Degenerative disc disease or arthritis
- Prior fractures, especially if surgically repaired
- Tendon or ligament problems in knees, shoulders, or wrists
These aren’t just random examples, they’re issues we see regularly in courtrooms from Buffalo to Brooklyn. New York follows what’s called the "eggshell plaintiff rule," which means the person who caused the accident is responsible for the full extent of your injury, even if you were more vulnerable due to your condition.
How a Pre-Existing Condition Can Actually Support Your Injury Claim
Having a health history gives your case context. If you’ve been seeing doctors regularly or have medical records going back years, that timeline becomes valuable. It shows exactly how your condition looked before the accident and how it worsened after.
That clear comparison is what makes your claim stronger. It shows that the accident wasn’t just painful, it caused a real, measurable change. Let’s say you had mild lower back pain from years ago. After a car crash on the Long Island Expressway, your symptoms go from occasional soreness to daily, radiating pain. That’s a worsening of an existing injury, and under New York law, that change matters.
A pre-existing condition doesn’t disqualify you. It gives your claim depth. It shows you weren’t asking for sympathy, you’re asking for fairness.
What Insurance Companies Will Try to Do With Your Medical History
Insurance companies don’t make money by paying claims. That’s why adjusters will comb through your past records looking for ways to blame your injury on something else. If you hurt your shoulder in high school and now have a rotator cuff tear after slipping on a wet subway platform, they might try to argue that you always had shoulder problems.
Here’s how they often operate in New York injury cases:
- Delaying the process to pressure you into settling
- Denying the injury is new or related
- Using past diagnoses to minimize the current harm
- Questioning gaps in your medical treatment
They’ll say your pain was already there. Or that you were already on light duty at work. But with proper documentation and support, these arguments fall apart. What matters isn’t whether you were perfectly healthy, it’s whether this accident made things worse. And often, it did.
What Medical Records Help Prove the Injury Got Worse
The key to proving your injury worsened is strong, consistent medical evidence. That’s especially true in New York, where judges and insurance lawyers look closely at timelines. Your records should clearly show what your condition was like before and how it changed after the accident.
The most useful records often include:
- Notes from your primary care doctor
- Imaging studies like MRIs or X-rays
- Orthopedic evaluations
- Pain management or physical therapy logs
- Referral notes between providers
In New York State, hospitals and clinics are legally required to keep detailed records. That helps. If you received treatment at places like NYU Langone or Albany Medical Center, those notes can show a sharp difference in function or pain levels before and after the injury.
Being honest with your doctors also makes a difference. If you had back issues before, say so. The goal isn’t to hide anything, it’s to show how things got worse after someone else’s actions.
The Legal Standard for Pre-Existing Conditions in New York Injury Law
You don’t need to be in perfect shape to file a claim in New York. The law recognizes that many people walk around with health issues every day. That doesn’t give anyone a free pass to injure you.
New York courts allow recovery for the aggravation or worsening of a pre-existing condition. That’s not just a theory, it’s a legal standard. The law looks at whether the accident made your condition harder to live with or manage. That could mean more pain, more treatment, or a decline in your ability to work or take care of yourself.
If you had arthritis in your knee but were still able to walk without assistance, and now you need a cane or brace after slipping on icy steps outside a Bronx apartment building, that change carries legal weight.
The question isn’t whether you had pain before, it’s whether the accident made that pain worse in a way that impacts your life.
How Lawyers Use Expert Testimony to Show Worsening Conditions
Medical records tell part of the story, but expert testimony can make the difference. In many New York cases, your attorney may bring in a specialist to explain how the accident changed your condition. These experts don’t just review your file, they make it understandable.
A qualified orthopedic surgeon, physical therapist, or neurologist might testify about:
- Differences in mobility before and after the injury
- Whether imaging shows structural damage caused by the accident
- Expected recovery time with and without the new injury
- Whether the aggravation could lead to permanent impairment
These expert witnesses often have experience with both clinical care and courtroom procedure. That matters. A doctor who understands the rules of New York litigation can speak clearly and convincingly. And juries tend to respond well to people who can connect dots between pain and proof.
Realistic Expectations: What Compensation Can Include in These Cases
When your condition worsens after an accident, your recovery isn’t just physical, it’s financial too. New York law allows you to seek damages that reflect the new burden you’re carrying.
Depending on the facts, compensation may cover:
- Medical bills for treatment made necessary by the new injury
- Pain and suffering from increased physical limitations
- Time missed from work, whether full shifts or reduced hours
- Future care needs, such as surgeries or home modifications
- Loss of ability to enjoy life or take part in activities
These are real impacts. They may not sound dramatic, but under New York law, they’re valid reasons for compensation.
When a Pre-Existing Condition Might Hurt Your Case (and How to Avoid It)
Not every case with a pre-existing condition goes smoothly. There are pitfalls, but they can usually be avoided with honesty and preparation. Where people run into trouble is when the records don’t line up, or when they’re inconsistent about their health history.
Here’s how to stay clear of those traps:
- Tell your doctor the full story from the start
- Don’t skip follow-ups, even if you feel frustrated
- Keep copies of reports, test results, and medication lists
- Ask your providers to clearly note changes from baseline
- Avoid exaggeration or hiding facts, it always backfires
In some cases, a long gap in care before the accident makes it harder to show that the condition was stable. That’s why having a trusted provider, like someone at Montefiore or Upstate Medical, who can testify to your condition before and after the injury, can make all the difference.
Don’t Let a Pre-Existing Condition Stop You From Seeking Help
If you’re hurt in New York and already had a medical condition, don’t assume your injury case is weak. A solid legal claim doesn’t require perfect health, it requires clear proof that someone made your situation worse. The attorneys at Horn Wright, LLP know how to build that kind of case. We listen. We look at the full picture. And we work with medical professionals across New York to show exactly how your condition changed. If someone else’s actions aggravated your injury, you deserve a team that’s ready to fight for every piece of compensation you’re owed. To get answers, visit our contact page and start a conversation.
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