Impact of Prior Injuries on Your Accident Claim

When Old Injuries Resurface After a Crash

Don’t let the insurance company twist your medical history to avoid responsibility. If you’ve been in a crash and an old injury flared up or got worse, you still have the right to compensation. Insurers often dig into your past to downplay what just happened, but experienced car accident attorneys know how to counter those tactics and focus on what truly matters: how your life has changed now.

At Horn Wright, LLP, our team understands how to handle cases involving past injuries made worse by new accidents. While laws vary slightly across states like Maine, New Hampshire, and Vermont, New York’s “eggshell plaintiff” rule protects people with pre-existing conditions. Knowing how your history fits into the legal process is key to building a strong case.

Pre-Existing Conditions Can Be Used Against You

Insurers don’t wait long to point fingers at your medical past. That’s why it’s critical to understand how these old records shape what happens next.

Fragile Isn’t a Flaw: How the “Eggshell Plaintiff” Rule Protects You

The law calls this the “eggshell plaintiff” rule, meaning you take people as they are. If someone has a fragile medical history, that doesn’t excuse causing further harm. Red light running is still a leading cause of urban crashes. 

Even if your spine was already vulnerable, a reckless driver is still responsible for making things worse. Courts don’t accept the argument that a healthy person wouldn’t have been injured. They hold people accountable regardless of how easily someone gets hurt.

How Insurers Use Old Injuries Against You

Ever feel like someone’s trying to rewrite your story? That’s what insurance companies do when they dig through your medical past. They zero in on paperwork and ignore what you’re living with now.

They twist facts or push you into settling fast. Even low-speed crashes can aggravate old injuries, but insurers act like it’s no big deal.

Here’s what insurers often rely on when trying to protect their bottom line: 

• Misinterpreting past medical records 
• Claiming your injury was “already there” 
• Pressuring you into lowball settlements

These tactics are meant to wear you down. But solid records, consistent treatment, and clear timelines take away their power. When your documents and medical opinions all point to real, worsened harm, it’s harder for them to deny what you’re going through.

Still Hurting? Why Your Old Injury Doesn’t Cancel Out New Pain

Having pain before doesn’t make your new injury any less real. Everyone responds to accidents differently. Some recover quickly, while others with past injuries face setbacks. Common car accidents can trigger old issues to return in more painful, disruptive ways.

Reversing without caution might not seem serious, but it can lead to real damage. New York law limits backing for a reason. Maybe you were getting by just fine, working, moving, managing pain, until someone’s careless action changed all that. If you’re now unable to focus, rest, or do what you used to, that shift matters. Medical documentation can show how things changed and why that matters legally.

When Old Pain Meets Fresh Injury: Getting Through the Legal Maze

Understanding how a recent accident made an old injury worse can be the difference between being dismissed and being heard. To make your case stronger, you need to show exactly what changed.

Differentiating Between Old and New Injuries

Injury claims don’t always come with easy answers. If you’ve dealt with pain before, it can be hard to show exactly what changed. What matters now is how your condition has worsened.

Under the pure comparative negligence rule, even if a previous injury played a role, you can still recover damages based on the other party’s share of responsibility.

Helpful evidence might include: 

• Updated medical scans showing changes 
• Doctor’s notes documenting pain progression 
• Work records that prove missed hours or modified duties 
• Personal logs or journals tracking symptoms and limitations

Each detail adds credibility to your case. When determining fault, insurers look closely at your medical timeline and how your life changed after the crash. Clear documentation speaks louder than assumptions.

When Medical Experts Become Critical

Insurers may question your pain, which is why expert testimony can be a key part of your case. Medical specialists turn your symptoms into solid, trusted evidence.

Disc injuries from car accidents shows how conditions like herniated or bulging discs might not show up right away but can worsen quickly after a crash. Testimony from doctors helps connect what you’re feeling to the facts in your records, making it harder for insurers to doubt your claim.

Other Factors That Can Impact Your Injury Claim

Not every accident plays by the rules. Some situations throw unexpected curveballs that can shake up your claim. Whether it’s running into insurance limits or getting tangled in a rideshare mess, it’s important to know how these twists affect your path to fair compensation.

When Insurance Just Isn’t Enough

Let’s say your injuries are severe, your recovery takes time, and the other driver’s policy just doesn’t stretch far enough. It’s more common than you’d think. If your insurance isn’t enough, you might have to lean on your underinsured motorist coverage. 

You could also consider whether another party, such as an employer or vehicle manufacturer, shares some of the blame. A structured settlement might help you cover care that lasts longer than expected. Knowing these routes gives you more control when standard coverage leaves you short.

Taxi and Rideshare Accidents Can Make Claims Messier

Getting hurt in a taxi, Uber, or Lyft isn’t like dealing with a regular car crash. These drivers follow a different playbook, and what’s covered often depends on whether they were working at the time. Insurance might apply only when there’s a passenger, or it could shift based on app status. All of that changes who pays and how much.

Before moving forward with a claim involving a rideshare or taxi accident, consider these key questions: 

• Check if the driver was logged into the app or actively transporting a passenger 
• Understand the limits of the driver’s personal vs. commercial coverage 
• Look at whether the company can be held partially liable

These cases aren’t impossible to win, but they do take extra clarity and persistence. Knowing what coverage applies and who holds responsibility can keep your claim from stalling or slipping through the cracks.

Your History Matters and Deserves to Be Heard

An old injury doesn’t take away the pain you feel now. It also doesn’t take away your right to seek justice. When a new accident makes things worse, your experience matters. Insurers may try to minimize it, but your story deserves respect and recognition.

If you’re ready to speak with someone who will take your pain seriously, contact Horn Wright, LLP, and connect with car accident attorneys who approach your case with care, experience, and relentless focus on real results.