How a Previous Injury Affects Your Current Personal Injury Claim

Understanding Aggravated Injury Claims in Personal Injury Cases

You’ve probably heard the phrase "adding insult to injury." That’s exactly how it feels when a new accident aggravates an old injury. Maybe you had a back issue years ago, and now a rear-end crash re-ignites that same pain. Or maybe you slipped on ice, and your knee, injured years before, starts hurting again. It’s frustrating. It’s painful. And it brings a lot of legal questions.

The truth is, having a previous injury doesn’t block you from seeking compensation in New York. Our personal injury laws are designed to protect people, even when they’re dealing with old wounds. At Horn Wright, LLP, we know how to untangle these complex cases. Our attorneys help clients across New York build strong claims, even when past medical issues are involved.

What Counts as a Pre-Existing Condition in New York Injury Cases

A pre-existing condition is any past injury or illness that affected your health before the current accident. In personal injury cases across New York, insurance companies try to use these old issues against you. But what actually counts?

Some of the most disputed conditions include:

• Healed bone fractures
• Herniated or bulging spinal discs
• Degenerative joint disease
• Past concussions or head trauma
• Arthritis or chronic inflammation

If the new incident made that injury worse or caused fresh damage, it still qualifies under New York’s personal injury framework.

The key is showing the connection between the old issue and the new harm. That’s where proper documentation matters.

The Eggshell Skull Rule: Why It Still Protects You in New York

New York law applies the "eggshell skull" rule in personal injury cases. This means the person who caused the harm must take you as they find you, even if you were more vulnerable than someone else.

If someone had fragile vertebrae due to a past injury, and a minor fender bender causes serious spinal trauma, that doesn’t reduce the value of the case. The at-fault party is still responsible.

This rule protects people whose prior conditions make them more likely to suffer severe injuries. New York courts consistently uphold this principle, ensuring that pre-existing vulnerabilities don’t erase your rights.

How a Worsened Injury Can Strengthen, Not Weaken, Your Claim

There’s a misconception that an old injury always weakens your personal injury case. In reality, if the new accident clearly made your condition worse, that can strengthen your claim. Courts in New York don’t penalize people for being injured more than once.

What matters is medical clarity. For instance, if you had mild lower back discomfort and now your pain has intensified, doctors can compare imaging and notes to show the difference.

They’ll look at:

• MRI results before and after the incident
• Changes in your physical limitations
• New treatment requirements (e.g., surgery or injections)
• Increased medication or therapy

The more evidence of a noticeable change, the stronger your argument becomes. You’re not asking for compensation for the past, just for the new harm caused now.

The Role of Medical Records in Proving Aggravation

Your medical records serve as the backbone of your injury claim. Without a clear history, insurance companies will argue that your symptoms existed before the accident and nothing actually changed. That’s why in New York, we rely heavily on detailed, time-stamped documentation.

Some records that help your case include:

• Prior doctor’s notes showing stable condition before the accident
• Emergency room intake from the new incident
• Radiology images like MRIs or CT scans
• Statements from treating physicians linking the worsening to the accident

Courts and insurance adjusters in New York want objective evidence. If a hospital treated you before and after the accident, those records help draw a direct line between the two events. Your personal injury attorney will use them to argue that the new injury made a measurable impact on your daily life.

Insurance Company Tactics in New York: Downplaying Prior Injuries

Insurance companies rarely play fair. Especially in New York, where personal injury payouts can be substantial, insurers often try to shift blame. One of their favorite tactics is claiming your pain existed long before the new accident.

They might:

• Cherry-pick old medical notes to prove longstanding issues
• Claim the accident wasn’t serious enough to cause new damage
• Pressure you to settle quickly before full evaluation

This is where having legal support matters. Your attorney can counter these tactics by:

• Highlighting gaps between your old and current symptoms
• Presenting expert testimony from medical professionals
• Showing how your function changed after the accident

New York law doesn’t excuse insurers from responsibility because your medical history isn’t perfect. You deserve full consideration of the actual harm done.

Proving Liability When a Pre-Existing Injury Exists

New York follows a comparative negligence model. That means even if you had a previous injury, the person who caused the new accident is still responsible for the harm they created.

If your neck was already sensitive and a new collision caused it to flare up, the other driver may argue the crash had little to do with your pain. But liability focuses on actions, not health history. If they drove distracted or failed to brake, they’re still liable for the new consequences of their behavior.

It’s about proving that the accident changed your condition or made it worse. With clear evidence, courts in New York will assign fault accordingly and award compensation based on that share.

What You Should Disclose to Your Doctor and Attorney

Full honesty goes a long way. It’s tempting to hide an old injury, thinking it might hurt your chances. But in New York personal injury cases, leaving out your medical history does far more damage.

Here’s what you should always share:

• Details of all related injuries from your past
• Prior treatments or surgeries
• Any ongoing conditions or medications
• Changes in pain levels since the accident

Doctors need a full picture to provide accurate diagnoses. And your attorney needs that same clarity to anticipate how the defense might try to discredit you. Even if your past injury seems minor, it could become a focal point in the case. Getting ahead of it builds trust and gives your legal team a chance to prepare a strong response.

Timing Matters: How New York’s Statute of Limitations Affects Old and New Injuries

New York’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. That deadline applies to the new incident, not the original injury. So, even if you had back surgery a decade ago, your new right to sue begins when the new harm occurred.

There are exceptions, such as:

• Claims against a city or state agency, which require a notice of claim within 90 days
• Cases involving minors, which may allow additional time

Speaking to an attorney early helps preserve your right to take legal action.

Old Injuries Don’t Cancel New Rights in New York

Don’t let an old injury stop you from standing up for yourself. In New York, the law protects people with medical histories. If your condition got worse after an accident, you have every right to seek help.

At Horn Wright, LLP, we know how to handle cases involving past injuries and new trauma. Our attorneys understand what it takes to present strong medical evidence and push back against unfair insurance arguments. If you’ve been injured again and don’t know where to turn, reach out to our team to get trusted legal support.