Summary:
A pre-existing condition doesn’t disqualify you from compensation. You’re entitled to recover for any additional harm caused by the accident, but insurers will try to twist your history against you. Solid medical evidence and aggressive legal pressure make the difference.
Accidents don’t happen in a vacuum. Most people experience a crash with something already going on, like an old back injury, a nagging knee, a previous concussion, or just the wear and tear of age. That doesn’t mean they walk away without a scratch. When someone else causes more damage, they’re still on the hook for it. The problem is: insurance companies know how to blur that line. They’ll comb through your medical history looking for excuses to pay you less, or nothing at all. If you don’t come prepared to shut that down, you’re not in a negotiation; you’re in a setup.
What Counts as a Pre‑Existing Condition?
A pre‑existing condition can be anything from back degeneration and arthritis to old fractures, prior concussions, or chronic pain in a joint. Insurance companies will flag whatever they think they can use against you. The law draws a line: you cannot claim compensation for what you already had, but you can claim for the extra damage caused by the new injury.
The Eggshell Skull Rule: You Take the Victim as You Find Them
That rule means the defendant must accept your body’s vulnerabilities. If your spine was already fragile and a collision makes it many times worse, the responsible party pays for the full damage. They can’t argue “you were already weak, so this isn’t my problem.” Courts in North Carolina recognize claims for activation, aggravation, or exacerbation of conditions.
How Insurers Use Your Medical History Against You
Insurance adjusters routinely demand years of past medical records, hoping to divert blame toward your old condition. They’ll argue the current pain is “natural progression,” not caused by the crash. They may offer a lowball settlement built around that narrative. Their goal: make you doubt your own case, accept less, or give up entirely.
Proving the Difference: Before vs After
Your burden is to show how the accident worsened what you already had. Use medical records from before the crash (imaging, physician notes, treatment history) alongside post-accident records (new imaging, diagnoses, therapy, pain reports). Bring treating physicians or specialists to discuss what changes exceed what would’ve occurred naturally. Label which portion is attributable to the accident, and make that distinction crystal clear.
What Weaknesses Can Kill Your Case
Gaps in treatment history. Inconsistent statements about symptoms. Failure to seek medical care immediately after the accident. Missing diagnostic reports from before the crash. These let insurers argue that your claimed worsening is speculative. Also watch out for defenses like “natural degeneration” claims; insurers will push them hard.
What Happens in North Carolina, South Carolina & Georgia
In North Carolina, you can recover for aggravation or activation of a condition. The law doesn’t automatically reduce your settlement because of age or prior health issues. In South Carolina and Georgia, similar principles hold: defendants are liable for the additional harm they cause, even if your body was already compromised. The key in all three states is rigorous evidence of causation and clear allocation between old and new harm.
Why You Need a Fighter on Your Side
You don’t just need a lawyer who “handles” personal injury. Understanding how insurers dissect these cases, interpret medical records, and bury claims in technicalities is the easy part. You need someone who will counter every defense, demand clarity, and push for full value of post-accident suffering, lost wages, future treatment, and quality-of-life losses.
If you suffered a crash in North Carolina, South Carolina, or Georgia, and you’ve got prior health issues that the defense is targeting, don’t let them re-write your history. Call The Snow Legal Group, PLLC, at 704‑358‑0026. Let us fight so your rights don’t get discounted.