Car accident claims can be a challenge under any circumstance, but they may be especially trying when they aggravate a pre-existing injury. At Brown Moore & Associates, PLLC, we have seen firsthand how insurance companies attempt to dismiss these cases, claiming that victims were “already injured,” and therefore do not deserve full compensation. If your car accident aggravates a pre-existing condition, contact our attorneys in Charlotte for help.
What Counts as a “Pre-Existing” Condition or Injury?
A pre-existing condition is any health problem that existed before the crash. These conditions may be mild, dormant, or well-managed, but if a car accident worsens them, the law recognizes that new harm as compensable. Injury victims may, in fact, need greater support because the crash has created a much more serious health challenge. Our car accident attorneys often help people who suffer with:
- Back and Neck Injuries. Issues like herniated discs, degenerative disc disease, or old whiplash injuries can flare up dramatically after even a low-speed collision. In more severe cases, what was once a nagging ache can progress to radiating nerve pain, loss of mobility, or the need for spinal surgery.
- Arthritis and Joint Degeneration. Many people live with this condition in their knees, hips, shoulders, or hands without significant disruption. A violent collision, however, can accelerate the wear and tear on joints, cause acute inflammation, and fast-track the need for costly treatments such as cortisone injections, joint replacement, or long-term physical therapy.
- Prior Fractures or Orthopedic Injuries. Bones that have been broken in the past may never fully regain their original strength. An accident can cause a re-fracture at the same site, destabilize surgical repairs, or worsen lingering complications such as nerve irritation or reduced range of motion.
- Chronic Illnesses. Conditions such as fibromyalgia, diabetes, or autoimmune disorders often become more severe after trauma. A crash may trigger widespread pain, delay wound healing, or exacerbate inflammation throughout the body.
- Traumatic brain injuries: People with prior brain injuries are at particular risk when involved in car accidents. The brain does not always recover fully from an initial injury, and subsequent trauma can cause compounding effects, memory loss, dizziness, mood swings, difficulty concentrating, or permanent cognitive deficits.
What Is the Eggshell Skull Rule?
The eggshell plaintiff doctrine (sometimes called the eggshell skull rule) is a legal principle which holds that a defendant must take an injured person “as they find them.” In plain terms, if someone is more physically or medically fragile than average, that does not reduce the defendant’s legal responsibility. The North Carolina Pattern Jury Instructions (MV 102.20) specifically explain this point: when a defendant’s actions aggravate an existing condition, the jury should hold them accountable for the full extent of that aggravation.
Proving a Car Accident Caused Aggravation of a Pre-Existing Condition
Even with the eggshell rule in place, proving aggravation of an injury is not always straightforward. Insurance companies are quick to claim that a victim’s suffering would have happened anyway due to their prior health issues. Overcoming that defense requires strong medical and factual evidence, such as:
- Before-and-after medical records: Comparing older records with new ones often reveals an apparent worsening of symptoms or new diagnoses.
- Treating physician testimony: Doctors who have cared for the patient over time can explain how the crash made the condition worse.
- Diagnostic imaging: Imaging tools such as MRIs, CT scans, and X-rays can reveal changes that occurred after the accident.
- Witness testimony: Family, friends, and coworkers can describe the victim’s health and abilities before and after the crash.
- Pain journals or daily logs: Victims who document their pain and limitations provide a compelling picture of their changed quality of life.
The difference between a pre-existing injury claim that succeeds and one that fails often comes down to documentation. North Carolina personal injury laws allow recovery for aggravated injuries, but the burden is on the plaintiff (the injured person) to prove that the crash, not the natural progression of the illness, caused the worsening condition.
Can Insurance Deny Coverage Based on Pre-Existing Conditions?
Insurers often try to deny claims involving pre-existing conditions, arguing that the accident did not cause the injury. However, North Carolina law prevents them from avoiding liability if the crash aggravated the condition. Their denial is not the last word; it is simply a tactic to pressure victims into giving up or settling for less.
Seeking Damages for a Car Accident in North Carolina
In a North Carolina personal injury case, damages may include:
- Medical expenses: Hospital stays, surgery, rehabilitation, prescriptions, and ongoing treatment.
- Lost wages: Income lost due to time away from work.
- Reduced earning capacity: When injuries permanently limit someone’s ability to work.
- Pain and suffering: Physical discomfort and loss of enjoyment of life.
- Emotional distress: Anxiety, depression, or trauma related to the crash.
How Pre-Existing Conditions Affect Damages
In a car accident case, the driver who hit you (assuming, in this example, that there is no other liable party) is only responsible for your losses caused by the aggravation, not the original condition. However, they may still be liable for significant compensation. For example:
- If your arthritis was previously manageable but now requires joint replacement, the driver may be liable for the surgery and recovery costs.
- If a prior head injury worsens, leading to memory loss or cognitive decline, the defendant may owe damages for new limitations on work and daily life.
These cases require careful presentation to ensure juries understand the difference between “old” injuries and the new harm caused by the crash.
What Is the Definition of Contributory Negligence?
North Carolina is one of the few states still using pure contributory negligence. Under this rule, if a plaintiff is even one percent (1%) at fault for the accident, they can be barred from recovering damages.
Insurers frequently argue that a victim was partly responsible, whether by failing to drive carefully or by not taking proper care of their health. This creates a serious risk in aggravated condition cases. Without experienced representation, injured people may walk away with nothing despite devastating injuries. That is why having a trial-ready car accident attorney from Brown Moore & Associates, PLLC can make such a difference.
North Carolina personal injury laws allow recovery for aggravated injuries, but the burden is on the plaintiff (the injured person) to prove that the crash, not the natural progression of the illness, caused the worsening condition.
When the Car Accident Happens on the Job
Some aggravated condition claims involve work-related car accidents. These are common for:
- Delivery drivers bringing goods to customers
- Passengers using a rideshare or a taxi to go about their work
- Employees on errands or traveling between job sites
When a crash occurs in the course of your job duties, you can file for workers’ compensation to cover your medical expenses and some wage loss. However, there may be times when a third-party is to blame (or where a worker is not covered by workers’ compensation), necessitating a third-party personal injury lawsuit. Our team can explain what your options are, and help you choose the right path for you.
How Pre-Existing Injury Cases Typically Play Out in North Carolina
When a crash aggravates an old injury, the claims process typically looks like this:
- Your attorney notifies the insurer of the accident and your injuries.
- Past and current medical records are reviewed to show how the accident changed your condition.
- Doctors or specialists explain how the crash worsened the pre-existing issue.
- Witness statements and other proof demonstrate the new impact on your life.
- Adjusters are pressed to recognize compensation for the aggravation of the injury.
- If no fair settlement is offered, the case proceeds to trial.
Why You Want a Car Accident Lawyer From Brown Moore & Associates, PLLC
At Brown Moore & Associates, PLLC, we prepare every case as though it will go to trial. That preparation sets us apart. We do not chase volume or accept every claim. Instead, we take on cases where our commitment and courtroom readiness can make a meaningful difference.
Aggravated injury claims are complex, but complexity is where we excel. Our team understands how to work with medical providers, how to present evidence clearly, and how to stand up to insurance companies determined to pay less than what victims deserve.
If a car crash worsened your health, you deserve attorneys who will not cut corners. You deserve a team that will be ready to fight for you.
Experienced Car Accident Attorneys in North Carolina
If you are dealing with an aggravated condition after a crash, do not let an insurance company dismiss your claim. The car accident attorneys in North Carolina at Brown Moore & Associates, PLLC can evaluate your case, explain your options, and fight for the compensation you need to move forward. We offer free consultations to help you learn your rights without any risk. Call us today or reach us through our contact form.
Pre‑Existing Conditions in Accidents: Common Questions
Not necessarily. While insurers request records, your attorney can limit disclosure to relevant conditions and protect your privacy.
Conflicting opinions are common. Courts often view treating doctors as more credible, but clear records and testimony are key.
Timelines vary. Some resolve within months; others take years if a trial is necessary. Much depends on medical treatment and the insurer’s willingness to negotiate.
