Car accidents are jarring, not just because of the impact but because of the aftermath. One moment you’re driving through Charlotte traffic, and the next, everything changes. When the dust settles and the adrenaline fades, that’s when the real questions start. If you've suffered a spinal injury, the pain isn’t always immediate. Sometimes symptoms show […]

How Pre-Existing Conditions Affect Your Car Accident Claim: Explained by a Charlotte Car Accident Lawyer
Car accidents can be overwhelming, even under the best circumstances. But if you already have a pre-existing medical condition, the aftermath of a crash can be even more stressful. You may wonder if your past injuries or health issues will affect your ability to file a claim. Insurance companies are quick to argue that your injuries were not caused by the accident, but rather stem from a pre-existing condition. This can make it harder to recover fair compensation for your medical bills, lost wages, and pain and suffering.
If this sounds familiar, you’re not alone. Many people with pre-existing conditions face challenges when filing a car accident claim, but that doesn’t mean they are ineligible for compensation. In fact, the law protects individuals whose conditions were made worse by an accident. However, proving that your injuries were aggravated by the crash requires strong legal representation. Working with an experienced Charlotte lawyer can make all the difference in the outcome of your case.
Rosensteel Fleishman Car Accident & Injury Lawyers have helped countless individuals navigate complex claims involving pre-existing conditions. Whether you have a history of back problems, prior surgeries, or a chronic illness, our legal team understands how to build a case that clearly demonstrates how the accident worsened your condition. We know how insurance companies operate, and we won’t let them minimize the impact of your injuries.
If you’re searching for a "Car Accident Lawyer Near Me" you deserve a law firm that will stand up for your rights and fight for the compensation you’re entitled to. Let’s explore how pre-existing conditions can impact a claim and what steps you can take to protect your case.
How Pre-Existing Conditions Affect Your Car Accident Claim
Insurance companies often look for any reason to deny or reduce a settlement offer. One of the most common tactics they use is blaming an injury on a pre-existing condition rather than the accident itself. If you have a medical history of back pain, neck injuries, or joint problems, insurers may argue that your current symptoms were already present before the crash.
However, the law recognizes that accidents can worsen existing conditions, making a person eligible for compensation. This is known as the “eggshell plaintiff” doctrine, which essentially states that a person must be taken as they are. If an accident makes a pre-existing condition worse, the at-fault party can still be held responsible for the damages.
Proving That an Accident Aggravated a Pre-Existing Condition
Demonstrating that a car accident made your condition worse requires medical evidence. Insurance companies will scrutinize your medical history, so it’s essential to have clear documentation showing how your health declined after the crash. Some of the most critical pieces of evidence include:
- Medical records comparing your condition before and after the accident
- Doctor statements explaining how the crash worsened your symptoms
- Test results, imaging scans, and diagnostic reports
- Treatment records showing increased medical care after the accident
The stronger your medical evidence, the harder it is for an insurer to argue that your injuries were unrelated to the accident. A personal injury lawyer in Charlotte can help gather the necessary documentation and work with medical experts to support your case.
Common Pre-Existing Conditions That May Be Impacted by a Car Accident
Certain pre-existing conditions are more likely to be aggravated by a car accident. Even if you were managing your symptoms before the crash, the sudden impact of a collision can worsen your condition, leading to new or intensified pain. Some of the most commonly affected conditions include:
Back and Neck Injuries
If you have a history of herniated discs, spinal problems, or chronic back pain, a car accident can worsen these issues. The force of impact can cause additional damage to the spine, leading to increased pain, limited mobility, and the need for more extensive treatment.
Joint and Soft Tissue Injuries
Previous knee injuries, shoulder problems, or soft tissue damage can be exacerbated by a crash. A sudden jolt to the body may trigger new inflammation, stiffness, and discomfort that didn’t exist before the accident.
Head Trauma and Concussions
If you’ve suffered a prior concussion or head injury, another impact to the head can make your symptoms significantly worse. Pre-existing migraines or neurological conditions may also be aggravated by the trauma of a collision.
How a Charlotte Car Accident Lawyer Can Help With Your Claim
Handling an accident claim involving pre-existing conditions can be challenging. Insurance companies may request extensive medical records, look for inconsistencies in your treatment history, and attempt to use your past health issues against you. Having legal representation is crucial to ensuring that you receive fair compensation.
A Charlotte lawyer understands how to counter insurance tactics and present a strong case. At Rosensteel Fleishman, our team works closely with medical professionals to prove that your injuries were worsened by the accident. We also negotiate aggressively with insurance companies, ensuring they don’t undervalue your claim based on a pre-existing condition.
Maximizing Compensation for Accident Victims With Pre-Existing Conditions
If your condition has worsened due to an accident, you may be entitled to compensation for:
- Increased medical expenses related to the aggravated injury
- Lost wages if your ability to work is affected
- Pain and suffering from increased discomfort or mobility issues
- Rehabilitation costs for physical therapy or additional treatment
Insurance companies may attempt to downplay your claim, but with the right legal representation, you can fight for the compensation you deserve.
Understanding Insurance Company Tactics When You Have a Pre-Existing Condition
Dealing with insurance companies after a car accident is rarely simple, but when you have a pre-existing condition, things can get even trickier. Insurers are not in the business of handing out fair settlements without a fight. Instead, they look for ways to minimize payouts, and one of their most common strategies is blaming injuries on an existing medical condition rather than the accident itself. Understanding these tactics can help you prepare for the road ahead and ensure that you don’t fall into their traps.
How Insurance Companies Use Pre-Existing Conditions Against You
The moment you file a claim, insurance adjusters will dig into your medical history, searching for anything they can use to downplay your injuries. If they find that you have a history of back pain, arthritis, or previous injuries, they may argue that your current pain has nothing to do with the accident. Here are some ways they attempt to reduce or deny claims:
- Claiming Your Injuries Were Pre-Existing – Insurance companies often argue that you were already dealing with these health issues before the crash and that the accident had no real impact on your condition.
- Using Gaps in Medical Treatment Against You – If you didn’t seek medical treatment immediately after the accident, insurers might suggest that your injuries aren’t serious or that they weren’t caused by the crash.
- Pressuring You for Extensive Medical Records – They may request years of medical records to comb through your history and find anything that could weaken your claim.
- Offering Quick, Lowball Settlements – Adjusters may try to pressure you into accepting a fast settlement before you have time to fully understand the extent of your injuries or speak with a lawyer.
Understanding these tactics is the first step in protecting yourself. The next step is knowing how to respond in a way that strengthens your case.
Steps You Can Take to Strengthen Your Claim
The good news is that having a pre-existing condition does not mean you’re out of options. If the accident made your condition worse, you are still entitled to compensation. Here’s what you can do to protect your rights and ensure that your claim remains strong:
- Seek Medical Attention Right Away – The sooner you see a doctor, the easier it is to document how the accident affected your condition. Delays in treatment can give insurers room to argue that your injuries weren’t serious or weren’t related to the crash.
- Follow All Treatment Recommendations – Adhering to your doctor’s advice shows that you are taking your injuries seriously and actively working toward recovery.
- Be Honest, but Careful, When Speaking to Insurance Adjusters – While it’s important to be truthful about your condition, avoid giving unnecessary details or speculating about your injuries. Anything you say can be used against you.
- Work With a Charlotte Car Accident Lawyer – An experienced attorney can handle all communications with the insurance company, ensuring they don’t twist your words or unfairly deny your claim.
The Importance of Legal Representation in Pre-Existing Condition Claims
Without legal guidance, dealing with insurance companies can be overwhelming—especially when they are trying to use your medical history against you. A personal injury lawyer in Charlotte understands how to push back against these unfair tactics. They will gather medical evidence, work with doctors who can testify on your behalf, and negotiate aggressively to secure the compensation you deserve.
Rosensteel Fleishman Car Accident & Injury Lawyers have helped many accident victims with pre-existing conditions get fair settlements. Our team knows how to prove that an accident worsened an existing condition, and we’re ready to fight for you. If you’re searching for a "Car Accident Lawyer Near Me" who will take your case seriously, our firm is here to help.
If you’ve been injured in a car accident and are worried about how your pre-existing condition might impact your claim, don’t let insurance companies dictate the outcome. Call 1-704-714-1450 for a free consultation with our Charlotte legal team today. We’re here to protect your rights and fight for the compensation you need.
Why Choose Rosensteel Fleishman for Your Car Accident Claim
When dealing with a pre-existing condition and an accident claim, working with a trusted Charlotte lawyer is essential. Rosensteel Fleishman Car Accident & Injury Lawyers have a long-standing reputation for helping injured victims secure the compensation they need to recover.
Our attorneys, Corey Rosensteel and Matthew Fleishman, have handled numerous cases involving pre-existing conditions. We understand how to gather the right evidence, consult with medical professionals, and push back against unfair insurance tactics. With our team on your side, you don’t have to face this challenge alone.
If you’re searching for the "#1 Ranked Car Accident Lawyer" or a "Top Rated Personal Injury Attorney," Rosensteel Fleishman is here to help. We offer free consultations, so you can discuss your case without any obligation.
Get a Free Consultation With a Charlotte Car Accident Lawyer Today
If a car accident has worsened a pre-existing condition, you don’t have to fight the insurance company on your own. Rosensteel Fleishman Car Accident & Injury Lawyers are ready to help you understand your legal rights and pursue the compensation you deserve.
Call 1-704-714-1450 today to schedule your free consultation. Let us take care of the legal process while you focus on your recovery.
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