Can We Get Compensation for Pre-Existing Conditions After a Chicago Car Accident?

We also know that insurance companies may try to argue that our symptoms or limitations existed prior to the crash. By taking a proactive approach , including working closely with medical professionals and carefully tracking our treatment and recovery ,we can ensure that our case demonstrates exactly how the accident impacted us. This level of preparation often makes the difference in receiving fair compensation for medical expenses, ongoing treatment, lost wages, and pain and suffering.

Another important factor to consider is Illinois’ “eggshell plaintiff” rule, which protects individuals with pre-existing vulnerabilities. Essentially, it means that we are entitled to full compensation for any harm caused by the accident, even if we were more susceptible to injury than someone else. Understanding this principle helps us feel confident that our pre-existing condition does not automatically reduce our ability to recover damages.

While the legal process can feel overwhelming, we want to emphasize that we don’t have to face it alone. With the right legal guidance and careful documentation, we can work together to ensure that our injuries are properly evaluated and that we receive the compensation we deserve.

For a comprehensive overview of how compensation works in Illinois car accident claims , including how pre-existing conditions are treated, we recommend reviewing this resource: Compensation Basics in Illinois Car Accident Claims.

Why Insurance Companies Try to Deny Pre-Existing Condition Claims

Insurance companies are businesses, and their goal is to limit payouts whenever possible. When a claim involves a pre-existing injury or medical condition, they often look for ways to reduce or deny compensation. One of the most common tactics is to argue that our current symptoms or medical issues were entirely pre-existing and not caused or worsened by the accident. They may label them as “old injuries” or suggest that the effects we are experiencing are simply the natural progression of a prior condition rather than the result of the crash.

This is why it’s so important for us to be thorough and proactive in documenting the impact of the accident. Detailed medical records, treatment histories, diagnostic tests, and statements from our doctors can all help establish a clear link between the accident and the aggravation of our pre-existing condition. In many cases, medical experts can provide testimony explaining how the accident specifically worsened our condition, which strengthens our claim and makes it harder for the insurance company to argue otherwise.

Additionally, keeping a careful record of symptoms, pain levels, and any changes in mobility or daily functioning can be invaluable when proving the extent of the injury. This documentation not only helps ensure that we receive fair compensation for medical expenses, ongoing care, lost wages, and pain and suffering, but it also gives us confidence that our rights are fully protected during the claims process.

For anyone navigating this challenging situation, it’s equally important to take the right steps immediately after a car accident in Chicago to protect our case. You can learn more about these critical steps here: What to Do After a Car Accident in Chicago.

How Chicago Insurance Adjusters May Handle Our Case

When pre-existing conditions are involved, Chicago insurance adjusters often become even more strategic in how they approach our claim. Their main objective is to minimize payouts, and they may use several tactics to achieve this. Understanding these methods helps us stay prepared and avoid mistakes that could weaken our case.

1. Claiming They’ll Be “Fair” to Earn Our TrustAt the start, an insurance adjuster may sound friendly, supportive, and even empathetic. They often give the impression that they’re looking out for our best interests. But this is usually a calculated approach.Their real goal is to get us to share details about our injuries, medical history, or pre-existing conditions that they can later use to argue that the accident didn’t actually worsen our condition. By appearing reasonable upfront, they hope we’ll let our guard down and provide information that could ultimately reduce the value of our claim.
2. Suggesting We Don’t Need a LawyerOne of the most common tactics is when adjusters say, “You don’t need an attorney ,we can handle everything for you.” This advice is never in our favor. An experienced Chicago personal injury lawyer understands how to prove the aggravation of a pre-existing condition, gather the right medical evidence, negotiate effectively, and ensure that we’re not pressured into accepting a low offer. Without legal guidance, insurance companies often try to settle the claim for far less than what we truly deserve.
3. Requesting a Recorded StatementAdjusters may ask us to give a recorded statement “just to get the facts.” What they don’t tell us is that anything we say, even innocent comments, can be used to:
   • Misinterpret our symptoms
   • Downplay the severity of the aggravation
   • Claim we had the same issues before the accident
   • Suggest our injuries aren’t related to the crash

   That’s why it’s always best to speak with a lawyer before giving any recorded statement or answering detailed questions about our health history.

4. Offering a Quick, Low SettlementAnother tactic is offering a fast settlement shortly after the accident. They know that we may be stressed, dealing with pain, or facing medical bills. However, early settlements rarely reflect the full extent of the aggravation, future medical care, long-term pain, or lost income. Once we accept a settlement, we cannot go back and request more, even if our condition worsens. Taking time to fully evaluate our injuries ensures the compensation reflects the true impact of the accident.

For anyone wanting a deeper look at how compensation is actually evaluated in Illinois , especially in cases involving pre-existing conditions, here’s a valuable resource: How Car Accident Compensation Works in Illinois.

Understanding the “Eggshell Plaintiff” Rule in Illinois

Illinois applies a legal principle known as the “eggshell plaintiff” rule, a doctrine that protects individuals who are more physically vulnerable due to pre-existing medical conditions. This principle means that the at-fault driver must take us as we are, even if we were more susceptible to injury than the average person.

In simple terms, if we already had a condition that made us more likely to be hurt in a crash, the person who caused the accident cannot use that against us to reduce their responsibility. This rule is especially important for those of us living with old injuries, chronic pain, or long-term medical conditions. Under Illinois law, it doesn’t matter if a healthier person might have walked away with minor soreness. If the accident caused greater harm because of a condition we already had, the at-fault driver is still fully accountable for all the resulting damage.

Real-Life Example

Let’s say we have an old back injury from years ago. It may have been manageable, maybe we experienced occasional discomfort but were able to go about our daily life. Then we get into a car accident in Chicago. Even if the crash seems minor, the impact could aggravate our pre-existing back problem, causing increased pain, reduced mobility, and the need for new medical treatments.

Under the eggshell plaintiff rule, the driver who caused the accident is legally responsible for:

• The worsening of the old injury
• Any new symptoms triggered by the accident
• Additional medical treatment now required
• Pain and suffering that results from the aggravated condition

The law does not allow the insurance company or the at-fault driver to argue:

• “Your back was already bad.”
• “You would’ve had these issues anyway.”
• “This injury wasn’t caused by the accident.”

What matters is that the accident made the condition worse, and that worsening is compensable.

Why This Rule Matters for Pre-Existing Conditions

Insurance companies frequently try to use our medical history against us. They may claim that the pain, discomfort, or limitations we are experiencing were simply part of an old condition. But the eggshell plaintiff doctrine makes it clear: even if we were more fragile, more vulnerable, or already dealing with an old injury, the at-fault driver is still responsible for all harm directly caused or exacerbated by the accident. That’s why documenting how the accident impacted our existing condition, with medical records, diagnostic tests, and doctor statements, is essential for strengthening our claim.

Common Pre-Existing Conditions That Can Be Aggravated

Many of us live with medical conditions that may not cause daily problems but can become significantly worse after a car accident. Even low-impact collisions can trigger new symptoms or intensify old ones, especially when our bodies are already vulnerable. Understanding which conditions are most commonly affected helps us explain our injuries more clearly and document the impact properly.

1. Arthritis or Joint ProblemsArthritis is extremely common, especially as we age. While it might have caused mild stiffness before the accident, the sudden force of a collision can inflame the joints, increase pain, and reduce mobility. An accident can turn a manageable condition into one that requires medication, injections, or even surgery.
2. Old Fractures or Prior SurgeriesBones or body parts that were previously fractured, operated on, or weakened can be much more sensitive to impact. A car accident can disrupt healed tissues, strain surgical sites, or cause hardware like plates or screws to shift. Even if the injury happened years ago, the trauma from a crash can bring back pain or require new treatment.
3. Chronic Back or Neck IssuesBack and neck conditions, such as herniated discs, degenerative disc disease, whiplash history, or spinal stenosis, are among the most frequently aggravated injuries. A collision often puts sudden pressure on the spine, causing nerve compression, muscle strain, or worsening disc damage. What used to be occasional discomfort can quickly become chronic pain or limited movement.
4. Heart ConditionsFor individuals with pre-existing heart issues, the stress and shock of an accident can be physically overwhelming. Elevated adrenaline, increased blood pressure, and trauma-related anxiety may worsen the underlying condition. In some cases, post-accident complications can require hospitalization or additional cardiac care.
5. Neurological ConditionsConditions such as migraines, nerve damage, vertigo, or previous traumatic brain injuries can be severely affected by a crash. Even a mild collision can trigger intense headaches, dizziness, memory problems, or nerve pain. For those of us with neurological issues, recovery can take longer, and symptoms can be far more disruptive.

Why This Matters: The key thing to remember is that even if we had these conditions before the accident, we are still entitled to pursue compensation if the crash made them worse. Illinois law clearly protects our right to recover damages for aggravation of pre-existing injuries, including medical expenses, lost wages, and pain and suffering.

To better understand how new injuries from the accident interact with pre-existing medical issues, you may want to explore this resource: Common Car Accident Injuries in Chicago.

Types of Compensation for Worsened Injuries

When a car accident in Chicago aggravates a pre-existing condition, the law allows us to pursue compensation for all additional harm caused by the crash. Even if we were already dealing with medical issues, we should not have to shoulder new or intensified symptoms on our own. In fact, aggravated injuries often require more extensive treatment, longer recovery time, and greater financial strain, all of which can be included in a personal injury claim.

Here are the key types of compensation we may be entitled to:

1. Medical Expenses (Current and Future)If the accident worsened our condition, we can seek compensation for all medical costs related to the aggravation, such as:
   • Hospital visits
   • Diagnostic tests (X-rays, MRIs, CT scans)
   • Medications
   • Specialist consultations
   • Physical therapy, chiropractic care, or pain management
   • Future treatment needs, including surgeries or long-term care

   For victims with ongoing health issues, medical bills can escalate quickly. Detailed medical records and expert evaluations help clearly show that the accident intensified the pre-existing condition.

2. Lost Wages and Reduced Earning CapacityIf the aggravated injury prevents us from working, reduces our hours, or forces us to switch to a lower-paying role, we may recover compensation for:
   • Missed work days
   • Lost bonuses or promotions
   • Long-term impact on our earning potential

   This is especially important for individuals whose pre-existing conditions were previously manageable but became disabling after the accident.

3. Pain and SufferingAggravated conditions often cause greater physical pain than before the crash. Illinois allows compensation for:
   • Increased pain levels
   • Loss of mobility
   • Chronic discomfort
   • Interference with daily activities

   The law recognizes that someone with a prior injury may experience significantly worse suffering after a collision.

4. Emotional DistressThe emotional toll of dealing with intensified pain, reduced independence, anxiety around driving, or long-term health uncertainty may also be compensated. This includes:
   • Anxiety
   • Depression
   • Post-accident trauma
   • Loss of enjoyment of life
5. Rehabilitation CostsIf we need extended rehabilitation due to the aggravated injury, those expenses can be included too. Rehab may involve:
   • Occupational therapy
   • Vocational retraining
   • Psychological counseling
   • Long-term recovery programs

   These treatments help victims regain functionality that was impacted by the crash.

Why Strong Evidence Matters

To successfully claim compensation for aggravated injuries, we need solid documentation, including:

• Medical records before and after the accident
• Imaging studies comparing old and new conditions
• Doctor statements explaining how the accident worsened the injury
• Testimony from medical experts

This evidence helps clearly distinguish between the original condition and the additional harm caused by the crash.

For reference, you can also explore: Common Types of Car Accidents in Chicago.

How Long Do You Have to File a Car Accident Lawsuit in Illinois?

When dealing with a car accident that worsens a pre-existing condition, timing becomes extremely important. In Illinois, the statute of limitations for filing a personal injury lawsuit is two years from the date of the crash. This means we must take legal action within that two-year window, or we may permanently lose the right to recover compensation, no matter how strong our case is or how severe the aggravated injuries are.

It’s worth remembering that cases involving pre-existing conditions typically require more evidence, more medical documentation, and sometimes even expert testimony to clearly demonstrate how the accident made the condition worse. All of this takes time. That’s why starting the process early is one of the best steps we can take to protect our claim.

Missing the deadline not only jeopardizes the case, insurance companies may use any delay as leverage to downplay or deny the connection between the accident and the aggravated injuries. Acting promptly ensures we have the time needed to gather records, consult specialists, and build a solid argument for fair compensation.

Talk to a Chicago Car Accident Lawyer for a Free Consultation

Navigating a car accident claim is challenging enough, but when a pre-existing condition is involved, the process becomes even more complicated. Insurance companies often try to shift blame, minimize symptoms, or argue that all pain is related to old injuries. This is where an experienced Chicago personal injury lawyer becomes invaluable.

A skilled attorney can help us by:

1. Evaluating the Strength of Our CaseA lawyer can review our medical history, accident details, and the impact on our daily life to determine what compensation we may be entitled to. They know exactly what evidence is needed to prove that the accident aggravated our condition.
2. Handling All Communications With Insurance CompaniesInsurance adjusters may pressure us, ask misleading questions, or request recorded statements designed to weaken our claim. When an attorney handles these conversations, we avoid these traps and ensure nothing is said that may harm the case.
3. Gathering Medical Documentation and Expert SupportLawyers work with doctors, specialists, and medical experts who can clearly explain how the accident worsened a pre-existing condition. Their professional testimony can play a major role in securing fair compensation.
4. Fighting for Maximum CompensationFrom medical bills to lost income to pain and suffering, an attorney ensures that every category of damage, especially compensation related to aggravated injuries, is fully accounted for. They fight aggressively to challenge low settlement offers and protect our rights.
5. No Upfront FeesMost Chicago car accident lawyers offer free consultations and work on a contingency fee basis, meaning we pay nothing unless they win the case. This allows us to get professional help without financial pressure.

To better understand the importance of legal representation in these situations, you can explore this helpful resource: Why Hiring a Chicago Car Accident Lawyer Matters.