If you’ve been injured in an accident and already had a medical condition, you may worry that your claim won’t be taken seriously. Insurance companies often argue that your pain or limitations existed long before the incident — but under the law, you can still recover compensation for new injuries or the aggravation of a preexisting condition.
At The Law Offices of Steven Gacovino, P.C., we’ve helped countless clients across New York navigate this exact issue. Our attorneys know how to protect your rights, gather the right medical evidence, and prove how your accident made an existing condition worse — ensuring you receive the full compensation you deserve.
What Counts as a Preexisting Condition?
A preexisting condition is any medical issue that existed before your accident. These conditions can be physical or emotional, temporary or chronic. Common examples include:
- Previous back or neck injuries
- Arthritis or degenerative disc disease
- Chronic pain conditions
- Old fractures or surgeries
- Anxiety, depression, or PTSD
- Prior concussions or head trauma
These conditions don’t disqualify you from filing a claim — but they do make it essential to show how the accident caused new harm or aggravated your existing injury. For example, if you had mild back pain before a car accident and now can barely move without discomfort, that worsening is compensable.
The “Eggshell Skull” Rule Protects You
New York personal injury law recognizes what’s known as the “eggshell skull rule.” This legal principle means a negligent party must take the victim as they are — even if the victim was more susceptible to injury due to a preexisting condition.
In other words, if another person’s negligence makes your old injury worse, they’re responsible for the damage they caused, not you. You don’t have to be in perfect health to be entitled to compensation.
The attorneys at The Law Offices of Steven Gacovino, P.C. use this principle to fight back when insurance companies try to undervalue claims involving prior medical conditions.
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How Insurance Companies Use Preexisting Conditions Against You
Insurance adjusters often use preexisting conditions to minimize or deny injury claims. They may claim your pain, limited mobility, or need for treatment isn’t related to the accident at all — but rather something you’ve been dealing with for years.
Their strategy often includes:
- Requesting years of your medical records to find old injuries
- Misinterpreting or exaggerating what’s in your medical history
- Arguing that your symptoms would have existed even without the accident
This is why you should never sign broad medical release forms or speak to an insurance representative before consulting with your attorney. The legal team at The Law Offices of Steven Gacovino, P.C. can ensure that only relevant medical information is shared, protecting both your privacy and your case.
Proving That the Accident Made Your Condition Worse
Winning a personal injury case involving a preexisting condition often depends on showing a clear before and after picture. Your lawyer will work with doctors, specialists, and expert witnesses to highlight the difference between your health before the accident and after.
Strong evidence can include:
- Medical records and imaging comparing old and new scans
- Doctor’s notes explaining how the injury was aggravated
- Physical therapy reports detailing functional changes
- Statements from family or coworkers about your decline in mobility or daily function
This evidence helps prove that your current pain and limitations are directly tied to the accident — not just your medical history.
Be Honest About Your Preexisting Condition
It can be tempting to hide a preexisting condition out of fear that it will weaken your case. However, honesty is crucial. Insurance companies will likely uncover your medical background during their investigation. If you’re upfront from the beginning, your attorney can develop a strategy that strengthens your claim rather than letting insurers use your medical past against you.
At The Law Offices of Steven Gacovino, P.C., we emphasize transparency and preparation. By addressing preexisting conditions early, we can anticipate the insurance company’s tactics and build a stronger argument on your behalf.
Why You Need an Experienced Personal Injury Attorney
Personal injury claims involving preexisting conditions require both legal skill and medical understanding. The lawyers at The Law Offices of Steven Gacovino, P.C. have decades of experience handling complex injury cases across New York, including those involving prior medical issues.
Our team will:
- Collect and organize your medical evidence
- Work with qualified experts to prove causation
- Negotiate aggressively with insurance companies
- Take your case to trial if necessary to get full compensation
You deserve to be compensated for the worsening of your injuries and the impact it has had on your life — even if you weren’t in perfect health before the accident.
Get Legal Help Today
Having a preexisting condition should never stop you from pursuing justice. If someone else’s negligence made your condition worse, The Law Offices of Steven Gacovino, P.C. can help you prove it and recover the compensation you deserve.
Contact us today for a free consultation to discuss your case. We’ll explain your legal options, review your medical records, and guide you through every step of the process.
Related Links
- Understanding Pain and Suffering in Personal Injury Cases
- When to Hire a Personal Injury Lawyer After a Car or Truck Accident
- What Medical Records Are Needed for a Personal Injury Claim?
- Preparing for Your Day in Court: Tips for Personal Injury Plaintiffs
- How are Punitive Damages Calculated in a Personal Injury Lawsuit?
- An Overview of New York’s Comparative Negligence Law
- Common Mistakes Drivers Make After a New York Auto Accident
- Who Pays After a Suffolk County Car Accident? Understanding No-Fault Insurance in New York
- Understanding No-Fault Insurance in New York Car Accidents
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- Out-of-State Drivers and NY Car Accidents
- What to Do Immediately After a Car Accident on Long Island: A Step-by-Step Legal Guide
- Nassau County Auto Accidents: What to Know Before Speaking to Insurance Companies
- Multi-Vehicle Accidents on Long Island: What You Need to Know
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