A preexisting injury can complicate a New York personal injury claim, but it does not necessarily eliminate the ability to pursue compensation. Insurers may attribute new symptoms to an earlier condition and challenge the claim’s value. Strong medical evidence can help show how the accident changed the condition and caused additional harm.
How can a preexisting injury affect the value of an injury claim?
Insurers frequently use a claimant’s medical history to dispute or reduce settlement value, which is why strong documentation is critical from the start. An insurer may argue that a prior condition caused the current symptoms. The main question is whether the accident caused new harm or made the old injury worse. New York’s eggshell plaintiff rule allows recovery for harm caused by the accident, even when a prior condition made the person more vulnerable.
Evidence that an accident worsened a preexisting injury
Strong evidence can show how an accident changed an old injury. A detailed record of the condition before and after the accident can establish what changed and when.
Key evidence may include:
- Medical records: Pre- and post-accident records reveal changes in symptoms, treatment frequency and physical limitations. This comparison can support the claim by showing how the accident affected the condition.
- Diagnostic tests: Imaging results such as MRIs, CT scans, X-rays and EMGs can identify new structural damage or changes that were absent in earlier records.
- Doctor opinions: Treating doctors can explain whether the accident caused new harm or made an existing injury worse.
- Treatment changes: New medicine, therapy, surgery or other care can show that the condition became worse.
- Work and activity records: Work records and daily activity records can show missed work, less activity or new limits.
- Before-and-after evidence: Stable symptoms or normal activity before the accident can help show a clear change after it.
A transparent medical timeline can help challenge an insurer’s claim that your prior condition – not the accident – caused your current problems. Together, these records give the medical timeline the substance and clarity it needs to withstand an insurer’s challenge.
Make the medical timeline count
A well-organized medical timeline does more than list records. It tells a clear story. When presented properly, it shows where the old condition ended and the new harm began, making it harder for an insurer to dismiss the accident’s impact.