Pre-existing Conditions: How They Impact Your Personal Injury Settlement

Injured Again, Now What?

If you had a previous injury, chronic condition, or long-term pain, then got into an accident, you’re probably wondering how that history affects your personal injury case. The truth? It complicates things, but it doesn’t disqualify you. Living with a pre-existing condition doesn’t mean you lose your right to compensation if someone else’s negligence made your situation worse. That kind of stress, on top of physical pain, is the last thing you need.

At Horn Wright, LLP, we know how to handle these kinds of claims in New York State. Our legal team understands how to prove that someone else made your injuries worse, even if you weren’t starting from perfect health. If you’re feeling overwhelmed, we’re here to help you move forward.

What Counts as a Pre-Existing Condition in New York

A pre-existing condition is any injury, illness, or health problem you had before the accident. In personal injury law, these conditions often become flashpoints. Insurance companies try to use them to shift blame away from their client. But a health history doesn’t wipe away your rights.

Pre-existing conditions that often show up in New York injury claims include:

• Old fractures that never fully healed
• Degenerative disc disease
• Chronic joint pain or arthritis
• Prior concussions or head trauma
• Past surgeries on knees, shoulders, or hips

Let’s say you hurt your neck in a car accident on the Staten Island Expressway. Years ago, you had whiplash from a different crash. That doesn’t mean the new crash didn’t make things worse. Under New York law, that’s what matters.

The Legal Rule: You Take Your Victim As You Find Them

New York follows a legal standard known as the "eggshell plaintiff" rule. The idea is simple: if someone harms you, they can’t use your fragility as a defense. Whether you’re more vulnerable than the average person isn’t the issue. They’re still responsible for the harm they caused.

Here’s how it plays out: imagine someone trips over broken concrete outside a shop in Syracuse. They already had bad knees from a skiing accident. The fall worsens that condition. Under this rule, the property owner can’t argue, "Well, anyone else would've been fine." Legally, that doesn’t fly.

Even if you were managing a chronic condition or had prior injuries, New York law still protects your right to compensation if an accident made your condition worse.

Proving Aggravation: What You’ll Need to Show

To win your case, you need more than a statement saying, "I feel worse now." That won’t be enough. In a personal injury claim involving a pre-existing condition, the burden falls on your side to show the difference between your health before and after the accident.

You’ll need clear and credible medical documentation:

• Records of treatments before the new injury
• A timeline showing the change in symptoms
• Imaging results (like MRIs or X-rays) taken before and after
• Doctor statements explaining the aggravation
• Descriptions of how your daily life changed

If you were already receiving physical therapy for shoulder pain in Buffalo and a workplace accident made that pain worse, your medical records and therapist’s notes can show that change. And that difference is what the court or insurance adjuster needs to see.

Insurance Tactics: How Adjusters Use Your History Against You

Insurance companies in New York know exactly how to twist pre-existing conditions to their advantage. They comb through your records, hoping to find something that suggests your injury isn’t new.

Here are some common tactics:

• Blaming all symptoms on your prior condition
• Saying the accident didn’t cause new damage
• Demanding full access to your long-term medical records
• Using your own words from doctor visits against you

If you hurt your lower back in a slip-and-fall at a Yonkers grocery store, but had back pain years ago, expect the insurer to zero in on that history. They might say, "You’ve always had back problems," even if your new pain is clearly different.

That’s why it matters to work with a team that knows how to push back against these tactics.

The Role of Medical Experts in New York Injury Cases

Medical experts make or break cases involving pre-existing injuries. In New York courts, expert opinions carry weight. Judges and juries rely on their insight to understand what part of your condition existed before the accident, and what got worse because of it.

For example, a neurologist might review brain scans for someone with a previous concussion who was injured again in an e-scooter crash near Columbia University. Their analysis can help show the difference in brain function before and after. Without that testimony, it’s much harder to draw that line.

Working with local physicians who understand New York personal injury law helps even more. These experts know how to write reports that hold up under cross-examination.

Full Disclosure: Why Hiding a Pre-Existing Condition Backfires

It might feel tempting to downplay or hide a past injury. Don’t do it. If the defense finds out, and they usually do, it can seriously hurt your case.

When you lie or withhold information, you give the other side a reason to question everything else you say. Suddenly, the focus shifts from your injuries to your credibility. And in personal injury cases, credibility counts.

Here’s what full disclosure actually protects:

• Your right to compensation for real, measurable damage
• Your attorney’s ability to build a solid, honest case
• Your reputation during testimony or deposition

If your attorney knows about the prior injury, they can prepare. They can show how the new injury aggravated your condition instead of allowing the defense to twist it into an excuse.

How Pre-Existing Conditions Affect Settlement Amounts in New York

When you’ve got a medical history, insurance companies don’t always play fair. They look for ways to reduce the value of your claim. But that doesn’t mean your settlement will be low.

Your final compensation depends on how clearly your team can prove:

• Your condition worsened because of the accident
• You need more treatment than before
• Your pain levels or mobility changed
• You lost income or work ability due to the new injury

If you already had arthritis, but a car crash near Albany accelerated the joint damage and now you’re facing surgery, that change matters. In New York, the law supports injury victims whose conditions were made worse, even if they weren’t at 100% health to begin with.

A strong personal injury lawyer will calculate damages based on new needs, not just past records.

Real-Life Patterns in New York Cases

Pre-existing conditions often appear in injury claims filed across the state. Cases involving aggravated back injuries, worsened joint damage, and repeat concussions appear regularly in settlements and court filings. Attorneys and medical experts alike focus on showing how the new injury changed the claimant’s daily life or medical needs.

That might mean introducing updated MRIs, showing lost wages, or highlighting newly required surgeries. These factual patterns demonstrate the core principle of New York personal injury law: harm caused by another person counts, even if it builds on something old.

Steps to Protect Your Injury Claim in New York

If you’ve been hurt and you already had a health issue, you can still protect your rights. New York law supports you, but your actions matter, too. Here’s what you can do:

• Go to a doctor right after the accident
• Mention your pre-existing condition, but focus on what’s new
• Follow all treatment plans
• Keep written records of symptoms and treatments
• Tell your attorney everything from the start

Also, keep track of time missed from work or help needed at home. These details often go into calculating damages in New York personal injury cases.

Don’t Let a Pre-Existing Condition Undermine Your Case

If you were hurt in an accident and already had a medical condition, don’t assume your claim is worthless. You still have rights. At Horn Wright, LLP, we understand how pre-existing injuries factor into New York personal injury claims. We know how to prove that the accident made things worse, and we fight to make sure that difference is fully recognized. Reach out to our team to get the support and guidance you need.