Medical bills are piling up, your old injury feels worse than ever, and the insurance company is already questioning whether the accident really caused your pain. You have rights, even with a pre-existing condition, and you deserve fair compensation for how the crash made things worse.
Lance Bingham helps Utah car accident victims recover compensation for aggravated injuries. Call 801-477-8346 for a free case evaluation today.
Yes, you can recover compensation after a car accident even if you had a pre-existing condition.
Under personal injury law, when someone else's negligence worsens an existing injury, you have the right to seek compensation for that aggravation. Utah law allows injured people to pursue claims when a crash worsens an existing injury.
A pre-existing condition is a health issue, injury, or diagnosis you had before the accident happened. A new injury is one that the crash directly caused, with no connection to your medical history. You cannot recover compensation for the condition itself, but you can recover compensation for what the accident did to make it worse.
An aggravated condition becomes compensable when the car accident caused a measurable worsening of your prior injury or condition. If your symptoms increased, your treatment needs grew, or your recovery timeline extended because of the crash, those changes are damages you can pursue. Medical evidence links the accident to those changes.
A pre-existing condition is any health issue, injury, or diagnosed medical condition that existed before a car accident occurred.
Common pre-existing conditions seen in personal injury cases include previous injuries from past accidents, chronic pain disorders, degenerative diseases, and prior surgeries. The legal framework in Utah gives you the right to pursue a personal injury claim for aggravated harm even when you had a pre-existing condition going into the crash.
If a previous car crash left you with neck injuries, back injuries, or other lasting damage, a new accident can legally worsen those injuries and create new grounds for compensation. Insurance companies often try to blame your current pain on the prior accident rather than the new crash, which is exactly why medical documentation and legal representation both matter.
Conditions like arthritis, degenerative disc disease, and fibromyalgia are common pre-existing conditions in car accident claims. These conditions can make a person more vulnerable to serious injury in a crash. Utah law protects your right to recover for the harm the accident caused, even when your body was already dealing with chronic pain.
Previous surgeries, hardware implants, and ongoing medical treatments create a documented medical history that both helps and challenges a personal injury claim. A detailed record of your condition before the accident makes it easier for medical experts to show exactly how the crash changed your health and your need for future care.
Insurance companies do not give injured people the benefit of the doubt when a pre-existing condition is involved. Their goal is to minimize what they pay, and pre-existing conditions give them a ready-made argument to do just that.
Insurance adjusters review your medical records looking for any prior injury, diagnosis, or treatment that overlaps with your current complaint. They use this information to argue that your current pain existed before the accident and that their insured is not responsible for it.
This is why being completely honest with your doctor about your medical history from the start is critical to protecting your personal injury claim.
Insurance companies use several standard arguments to push back on claims involving pre-existing conditions. These arguments are designed to reduce or eliminate your recovery, so understanding them helps you and your attorney build a stronger case.
Common tactics insurance adjusters use include the following:
Thorough medical documentation is the single most important tool in an aggravated pre-existing injury claim. Crash victims with complex medical histories face extra scrutiny from insurance companies. Records that clearly show your health status before the accident give medical experts the foundation they need to explain the difference to a jury or insurance adjuster.
The legal standard for an aggravated pre-existing condition claim requires you to show that the car accident made your existing condition materially worse. You do not need to prove you were in perfect health before the crash.
You must show that the crash caused a significant aggravation of your pre-existing condition. That means the accident worsened your symptoms, increased your medical needs, or reduced your ability to function in ways that were not happening before the collision. This is the core of the legal claim.
Your own account of how your symptoms changed after the accident matters, but it must be supported by medical records and healthcare provider observations. If you saw a medical professional before and after the crash, that provider can explain how your condition changed and what role the accident played in that change.
Medical evidence is what proves the connection between the car accident and the worsening of your condition. To prove aggravation, you need proper documentation: imaging results like X-rays and MRIs, treatment records, and notes from your healthcare provider.
Testimony from medical experts who can explain the significance of those changes is also essential, especially when the insurance company disputes the link.
The eggshell plaintiff rule is a legal principle that holds an at-fault driver responsible for the full extent of harm they cause.
This applies even if the injured person was more vulnerable to injury than the average person. Under this rule, the at-fault driver must take the injured person as they find them, meaning they cannot escape liability simply because a pre-existing condition worsened the injuries.
Utah courts apply the eggshell plaintiff rule to protect people with pre-existing medical conditions who suffer more serious harm in a crash than a healthy person might.
Here are three examples of how this legal principle works in practice.
Certain types of pre-existing conditions appear frequently in car accident claims. The sections below explain how each typically arises and why proving aggravation matters in each case.
Back and neck injuries are the most common pre-existing conditions in car accident cases, and a rear-end collision is one of the most common causes of aggravation. Insurance adjusters routinely argue that neck and back pain after a crash is just a continuation of an old injury, so clear medical evidence showing a measurable change is essential.
A prior herniated disc is highly vulnerable to worsening in a car accident. The force of a crash can push an already damaged disc further out of place, pressing on nerves and causing new levels of pain, numbness, and loss of mobility. Medical imaging taken before and after the crash is the clearest way to show that change.
Arthritis and degenerative disc disease progress slowly over time, but a car accident can speed up that progression dramatically. Insurance companies often argue that the worsening was just natural aging, which is why medical expert testimony about the timing and cause of the change is critical in these claims.
A prior traumatic brain injury makes the brain more sensitive to further trauma. A crash that causes a concussion or another head injury in someone with a prior traumatic brain injury can result in far more serious and lasting harm. These cases require careful neurological documentation to show how the new accident affected prior conditions.
Prior joint replacements, torn ligaments, and other orthopedic conditions often become more complex after a car accident. The at-fault driver is responsible for aggravating those orthopedic conditions, including any additional procedures, physical therapy, or long-term limitations that result from the crash.
Under Utah Code § 78B-5-818, Utah follows a modified comparative fault rule. Compensation may be reduced if the injured person shares fault for the accident. If you are found to be less than 50% at fault, you can still recover damages, but your percentage of fault reduces the amount.
If you are found 50% or more at fault, you cannot recover compensation. Insurance companies sometimes argue that a person with pre-existing conditions was partially responsible for the severity of their injuries, which is why having a legal team that understands how to counter those arguments is important.
Utah law allows injured people to recover several types of compensation when a car accident aggravates a pre-existing condition.
Here are the damages that may be available depending on the facts of your case:
People with pre-existing conditions can make mistakes that hurt their claims without realizing it. Avoiding the following errors gives your case a much stronger foundation.
Pre-existing condition claims are among the most aggressively contested personal injury cases. Seeking immediate medical attention after a crash and moving quickly to gather evidence gives your personal injury lawsuit the strongest possible foundation. The legal process can be complicated, but the right legal team makes a real difference.
Here is how Lance Bingham helps level that playing field:
If a car crash made your pre-existing condition worse, you should not have to bear that cost alone. Insurance companies use medical history to reduce what they pay, and they count on injured people not knowing their rights.
Lance Bingham fights for Utah car accident victims who deserve fair compensation for what the crash actually did to their health. Call 801-477-8346 today to speak with our team and get a free case evaluation with no obligation.
Dustin specializes in serious accident and injury cases in Utah and Idaho, practicing in State and Federal Courts. He's recognized as "Utah's Legal Elite," a "Mountain States Rising Star," and a member of The National Trial Lawyers Top 100. He holds an Avvo Superb Rating and is actively involved in legal associations, serving as a judge pro tempore for the Utah Supreme Court. A Utah native, Dustin earned his degrees from the University of Utah. He lives in Farmington with his wife and three children, enjoying family time, flying, and various outdoor activities.
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