After a car accident or other personal injury, one of the most common tactics insurance companies use is claiming that your injuries were already there. If you’ve ever had back pain, arthritis, a previous surgery, or another medical condition, an insurance adjuster may argue that the accident didn’t cause your pain and that they shouldn’t have to pay for your damages.
The good news is that having a pre-existing condition does not automatically prevent you from recovering compensation under Illinois law. If you’ve been injured in Geneva, Batavia, St. Charles, or anywhere in Kane County, it’s important to understand your rights before accepting an insurance company’s decision.
Can You Still Recover Compensation?
Yes. Illinois Law Protects Injury Victims
Many people live with previous injuries or chronic medical conditions. That doesn’t give a negligent driver or property owner a free pass. Illinois law recognizes that an accident can aggravate or worsen an existing condition. If someone else’s negligence made your condition worse or caused new symptoms, you may still have a valid personal injury claim. Insurance companies know this, but they often try to convince injured people otherwise.
Why Insurance Companies Raise Pre-Existing Conditions
Reducing the Value of Your Claim
Insurance companies have one goal: controlling claim costs.
One way they attempt to do that is by arguing that your pain or limitations existed before the accident. They may review years of medical records looking for:
- Previous back or neck injuries
- Arthritis or joint problems
- Prior surgeries
- Old workers’ compensation claims
- Earlier car accidents
They often argue that these conditions, not the recent accident, caused your current symptoms.
The “Eggshell Plaintiff” Rule
You Take the Victim As You Find Them
Illinois follows a long-standing legal principle often called the “eggshell plaintiff” rule. This means a negligent person is responsible for the injuries they cause, even if the injured person was more vulnerable because of an existing medical condition. For example, someone with a previous neck injury may suffer a much more serious injury in a rear-end collision than someone with no prior medical history. The at-fault party cannot escape responsibility simply because the victim was more susceptible to injury.
Medical Records Matter
Honest Documentation Helps Your Case
If you have a pre-existing condition, honesty is essential. Trying to hide previous medical treatment usually creates more problems than it solves. Instead, your medical records can actually help show:
- Your condition before the accident
- How your symptoms changed afterward
- New injuries caused by the accident
- Additional treatment made necessary by the collision
A treating physician can often explain how the accident aggravated your condition, making this evidence extremely valuable.
Don’t Let the Insurance Company Decide Your Case
Insurance adjusters may tell you that your injuries are “just part of getting older” or that your pain existed before the accident. That doesn’t mean they’re right. Every injury claim deserves a careful review of the medical evidence and the facts surrounding the accident.
O’Brien Law Is Here to Protect Your Rights
If you’ve been injured in Geneva, Batavia, St. Charles, or anywhere in Kane County, don’t assume a pre-existing condition prevents you from pursuing compensation. At O’Brien Law LLC, we help injury victims stand up to insurance companies and fight for the compensation they deserve.
Contact O’Brien Law LLC today for a free consultation. We’ll answer your questions, explain your rights, and help you move forward with confidence.
