Aggravation Of A Pre-Existing Injury Can Complicate A Claim

Insurance companies frequently scrutinize pre-existing conditions to reduce or deny payouts, even when a car crash clearly caused new injuries and aggravated old ones. Talking to a Baltimore personal injury lawyer about how Maryland law treats these cases is key. Knowing how insurers evaluate these claims is critical to accessing the recovery funds you need.

What Counts as a Pre-Existing Condition?

A pre-existing condition is any injury, illness, or physical limitation that existed before the collision. Common examples include prior back or neck injuries, degenerative disc disease, arthritis, previous surgeries, migraines, or old fractures. Importantly, having a pre-existing condition does not bar you from recovery. The legal issue is whether the crash caused a new injury or made an existing condition worse.

Maryland follows the long-standing principle that a negligent driver is responsible for the harm they cause, even if the injured person was more vulnerable than an average individual. This includes the aggravation or acceleration of a pre-existing condition.

For example, a low-speed rear-end collision may significantly worsen chronic back pain or transform a manageable knee issue into a condition requiring surgery. In such cases, the at-fault driver can be liable for the additional harm caused by the crash.

Why Do Insurers Push Back?

Despite the law, insurers often argue that your symptoms are not new or were inevitable due to age or prior conditions. Adjusters may point to old medical records, gaps in treatment, or diagnostic imaging showing degeneration to claim the accident played a minimal role. This tactic is designed to shift responsibility away from the crash and reduce settlement value.

Pre-existing condition cases are won or lost on evidence. Prompt medical treatment after the accident creates a clear timeline connecting the crash to your symptoms. Treating physicians can document objective changes, such as increased pain levels, reduced range of motion, new imaging findings, or the need for more aggressive treatment, that distinguish an aggravated injury from baseline complaints. Consistent follow-up care is important to counter arguments that symptoms resolved quickly or were unrelated.

Maryland’s strict contributory negligence doctrine means that if an insurer can prove you were at fault for the accident, recovery may be barred. In pre-existing condition cases, insurers may attempt to conflate causation with fault, suggesting your condition (not the collision) caused your limitations. Experienced legal counsel is a way to keep the focus on the other driver’s negligence and the harm it caused.

A Baltimore personal injury lawyer can marshal medical records, expert opinions, and accident evidence to demonstrate causation and quantify damages attributable to the crash. This includes separating prior symptoms from post-accident limitations, addressing insurer bias, and ensuring that compensation reflects increased medical costs, lost wages, pain and suffering, and long-term care needs.

Have you been struggling with a health issue worsened in an auto accident? A pre-existing condition makes a claim more complex, but not unwinnable. If a car accident had a negative impact on your health, the attorneys at Iamele & Iamele, LLP can help you access recovery for the harm caused. To schedule a confidential appointment, simply contact us.