How Pre-Existing Conditions Affect Your Personal Injury Claim

If you’ve suffered an injury in Illinois and are considering legal action, you may be worried about how a pre-existing condition could impact your case. You are not alone. Many people assume that having a prior injury or medical issue disqualifies them from receiving compensation. That’s simply not true. While it may complicate your case, it does not eliminate your rights. To better understand your options, contact attorney Michael J. Brennan today for a free legal consultation and personalized guidance on how to move forward.

Understanding What Counts as a Pre-Existing Condition

A pre-existing condition refers to any injury, illness, or medical diagnosis you had before the accident in question. This could be something major like a herniated disc or arthritis, or something minor like a past sprained ankle or an old knee injury. What matters is that the condition existed before the incident that caused your current injury.

Some common examples include:

Chronic back pain
Previous concussions or head trauma
Degenerative joint disease
Old fractures or surgeries
Existing mental health conditions like anxiety or PTSD

These conditions often show up in medical records, so you can expect insurance companies to look for them. They want to find any excuse to reduce or deny your personal injury claim. But having a prior injury doesn’t mean the at-fault party is off the hook.

The “Eggshell Plaintiff” Rule in Illinois

Illinois law actually protects people with pre-existing conditions through what’s known as the eggshell plaintiff rule. This legal principle means that the at-fault party must take the injured person as they find them. In other words, just because someone was more vulnerable to injury does not let the responsible party off the hook.

If your condition was stable or under control before the accident, and the incident made it worse, you still have a right to compensation. The law recognizes that the accident may have aggravated or accelerated your condition, even if it did not directly cause it from scratch.

How Insurance Companies Use Pre-Existing Conditions Against You

Insurance adjusters are trained to minimize payouts, and one of their favorite tactics is using your medical history against you. They may argue that your current symptoms are entirely due to your old injury or that the accident had no meaningful impact.

They often request full access to your medical records and may try to dig back years before the incident. If they find any mention of a similar injury or complaint, they will claim your pain is nothing new. They may also try to downplay the seriousness of the new injury or suggest that your condition would have worsened on its own.

This is why it’s so important to have a personal injury lawyer who understands how to handle these tactics. An experienced attorney like Michael J. Brennan knows how to distinguish between pre-existing conditions and new injuries, and how to prove that the accident made things worse.

Proving Aggravation of a Pre-Existing Condition

The key to winning a case that involves a pre-existing condition is clear medical documentation. You will need to show that your condition was manageable before the accident and that the accident caused a noticeable change in your symptoms or abilities.

This can be done through:

Medical records that document your condition before and after the incident
Doctor’s notes or testimony that explain how the injury change
Imaging scans or diagnostic tests that show worsening damage
Statements from physical therapists or other healthcare providers
Testimony from you or those close to you about changes in your daily life

The more detailed and consistent the evidence, the stronger your case. It is important to be honest with your doctor and your lawyer about your full medical history. Hiding a prior injury can backfire and damage your credibility. Transparency allows your legal team to build a solid argument that focuses on how the accident aggravated your existing issue.

Why Legal Support is Essential in These Cases

Claims involving pre-existing conditions require careful strategy and a deep understanding of Illinois injury law. Without strong legal support, you risk letting the insurance company control the narrative. They may try to shift blame or undervalue your suffering.

Michael J. Brennan has decades of experience navigating complex injury cases involving prior medical conditions. He will work closely with medical experts, gather all necessary records, and craft a case that proves your right to compensation. He knows the tricks insurance companies use and how to shut them down before they affect your outcome.

Contact Attorney Michael J. Brennan for a Free Legal Consultation

You should not be penalized for having a pre-existing condition. If an accident made your health worse, you deserve justice and fair compensation. Contact attorney Michael J. Brennan today for a free legal consultation. He will take the time to understand your situation, explain your rights, and fight to make sure your voice is heard. Your past does not define your future — let us help you protect it.