You walked away from last month's collision with neck pain that feels different from the old problem you'd been managing for years. Now the insurance adjuster for the at-fault driver is claiming your discomfort isn't "new" and therefore isn't their client's responsibility. Many accident victims with prior health conditions face this exact scenario—and lose thousands in rightful compensation because they don't know how to prove the accident made things worse.
However, here’s what Greenville personal injury attorney Ryan Alderson wants you to remember: South Carolina law doesn't penalize you for having a medical history before an accident. What matters is documenting how your preexisting condition from the car crash experienced new trauma. Here's what you need to know about protecting your claim when aggravation of old injuries comes into play.
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Why Do Insurance Companies Focus on Your Medical History?
Adjusters routinely request years of medical records, searching for anything that resembles your current complaints. Their goal isn't understanding your health—it's finding reasons to reduce what they owe. A herniated disc from 2018? They'll argue your back pain after a rear-end crash is just the "same old problem." Previous shoulder surgery? They'll claim the collision didn't cause your new rotator cuff tear.
This strategy works because many accident victims don't understand the legal principle at stake. South Carolina follows the "eggshell plaintiff" rule, which means at-fault drivers must take victims as they find them. If you had a vulnerable spine before the crash, the person who hit you is still responsible for making that condition worse—even if someone without prior injuries might have walked away unharmed.
The challenge isn't the law itself. The challenge in your case is proving the accident caused new damage that wouldn't have occurred otherwise.
How Will Medical Evidence Separate Preexisting Conditions From New Trauma?
Strong documentation transforms weak claims into winning cases. When insurers challenge whether the accident truly worsened your condition, three types of medical proof work together to establish the connection between the collision and your current state.
1. Detailed Physician Notes Create Timeline Evidence
If you saw a doctor three months before the accident complaining of occasional lower back stiffness, but your post-accident exam reveals constant pain radiating down your leg, that progression tells a story. Medical records showing you were managing symptoms with over-the-counter medication before the crash, but now require prescription pain relievers and physical therapy, demonstrate measurable change.
Treatment frequency matters too—visiting your doctor twice yearly before the collision, compared to weekly appointments afterward, shows objective escalation.
2. Diagnostic Imaging Provides Objective Proof of Preexisting Conditions
An MRI showing a bulging disc that wasn't present in scans from six months earlier—or revealing a herniated disc where only bulging existed before—offers concrete evidence the collision caused new structural damage.
Comparison imaging removes the conflicting accounts element that insurance companies exploit. X-rays documenting increased arthritis severity or CT scans revealing fresh fractures in previously damaged areas give adjusters less room to argue your complaints stem solely from old problems and try to minimize your settlement.
3. Expert Medical Testimony Connects Mechanics to Injury
In many disputed cases, Alderson Law relies on expert witnesses to support evidence of aggravation of old injuries. For instance, a physician might testify that while you had mild arthritis before the crash, the impact accelerated degenerative changes that wouldn't have appeared for years under normal circumstances.
Additionally, biomechanical experts can demonstrate how the collision's force and angle of impact affected your vulnerable areas differently than in everyday activities that previously caused no issues.
What Common Mistakes Weaken Claims Involving Prior Injuries?
Downplaying your medical history backfires spectacularly. When you tell the emergency room doctor you've "never had back problems before," but your records show three years of chiropractic visits, the insurance company now has ammunition to question your credibility about everything.
Delaying treatment also creates gaps that insurers exploit. If you wait two weeks to see a doctor after the accident, adjusters will argue your injuries either aren't serious or resulted from something that happened during that gap—not the collision itself. Even if you were trying to "tough it out" or had trouble getting an appointment, those explanations rarely satisfy insurance companies.
Failing to explain how your current pain differs from previous preexisting condition symptoms leaves room for misinterpretation as well. Your intake forms should specify what's new: "Sharp stabbing sensation in lower back" vs. "the dull ache I used to feel," or "Pain now prevents me from sleeping through the night" vs. "occasional morning stiffness that improved with stretching."
How We’ll Support Your Preexisting Condition Car Crash Case
Your medical history shouldn’t disqualify you from fair compensation after someone else causes a collision. What matters is proving the crash made things worse in ways that wouldn't have happened otherwise.
Attorney Ryan Alderson will help build persuasive medical evidence packages that insurers can't easily dismiss. This includes obtaining all relevant records—both pre-accident and post-accident—to create a comprehensive timeline that shows exactly when and how your condition changed. Then, he’ll calculate full car accident damages that include the immediate impact of aggravating a prior injury and the long-term consequences.
With thorough documentation and experienced legal guidance, preexisting conditions become just another factor in your case—not a barrier to the recovery you deserve.
