When you’re injured in an accident, things can get complicated if you already had a health issue before it happened. Maybe you’ve lived with chronic back pain for years, or you once suffered a neck injury that still flares up. If a new accident makes that old problem worse, it can be difficult to tell how much of your pain and recovery costs should count toward a personal injury claim.
Insurance companies often use pre-existing conditions to downplay or deny compensation, arguing that the injury existed long before the incident. But under Colorado law, victims still have the right to recover damages when an accident that wasn’t their fault aggravates a prior condition.
In this post, we’ll break down how pre-existing conditions can affect your personal injury claim in Colorado and what that could mean for your settlement.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or health issue you had before the accident occurred. This can include everything from chronic back or neck pain to old fractures, arthritis, or even previous surgeries.
These conditions don’t automatically prevent you from filing a personal injury claim. However, they do play a role in how your case is evaluated and how settlement amounts are calculated. Insurance adjusters often focus on these prior conditions as a way to minimize payouts. They might argue that your current pain or limitations were not caused by the recent accident.
The key question in most personal injury claims involving pre-existing conditions is: Did the accident make the prior injury worse? If the answer is yes, and you can show medical evidence to prove it, you may still be entitled to compensation through a pre-existing injury settlement.
How Colorado Law Treats Pre-Existing Injuries in Personal Injury Claims
Colorado’s legal system recognizes that accidents don’t always happen to people in perfect health. That’s why state law includes protections to help victims with pre-existing conditions recover compensation even when their medical history is complex.
The “Eggshell Plaintiff” Rule
Colorado follows the eggshell plaintiff rule, which means the at-fault party must take the injured person as they are. Even if you had a condition that made you more likely to be hurt, the person responsible for the accident is still liable for the aggravation of that injury.
Proving Aggravation Through Medical Evidence
To demonstrate that the accident worsened a pre-existing condition, medical records are essential. Doctors often compare your health before and after the incident to identify changes in pain levels, function, or imaging results. These findings help determine how much of your injury stems from the accident itself versus your prior condition.
Why Full Disclosure Matters
Being upfront about your medical history strengthens your case. Colorado courts and insurers tend to trust claimants who disclose prior injuries early in the process. Hiding or minimizing an existing condition can hurt your credibility and make it harder to recover fair compensation.
How Back and Neck Injuries Affect Pre-Existing Injury Settlements
Now, let’s look at some of the most frequently disputed pre-existing conditions in personal injury claims.
Back Injuries
A pre-existing back injury settlement often depends on showing that the accident worsened the symptoms. For example, if you had a herniated disc or recurring lower back pain before the incident, your medical team would need to demonstrate how the crash increased your pain, limited your mobility, or required new treatment. Imaging scans, such as MRIs, can reveal changes that distinguish between old and new damage.
Insurance companies may try to argue that the pain would have occurred regardless of the accident. That’s why updated diagnostic results and physician statements are crucial to proving aggravation rather than natural progression.
Neck Injuries
Similarly, a pre-existing neck injury settlement can be complicated. Whiplash, muscle strain, and cervical disc issues often worsen after a collision, especially rear-end accidents. If a prior neck injury was stable before the crash but became painful or disabling afterward, that’s clear evidence of aggravation.
Medical experts and treating physicians can testify about how much the new trauma contributed to your current symptoms, which helps support a fair pre-existing injury settlement.
How Pre-Existing Conditions Affect Settlement Value
Having a pre-existing condition doesn’t disqualify you from recovering compensation, but it can influence how your claim is valued.
Adjusting for Aggravation
During claim adjustments, insurers analyze your medical history to decide what portion of your injury was caused by the new incident. However, under Colorado law, you are entitled to compensation for any aggravation of a prior condition, even if the original injury made you more susceptible to harm. If your pain worsened because of the accident, that increased pain, treatment, and recovery time should still be reflected in your pre-existing injury settlement.
The Importance of Consistent Treatment
Maintaining regular medical appointments after an accident helps show that your symptoms have changed and that the new event caused measurable harm. Gaps in treatment or inconsistent reporting can make it easier for insurers to argue that your condition hasn’t actually worsened.
Fair Compensation Beyond Physical Pain
A fair settlement may include more than just medical expenses. If an accident worsens a chronic condition, it can impact your ability to work, participate in daily activities, or enjoy life as you did before. Those losses also carry value in a personal injury claim and should be factored into any final compensation amount.
Tips for Strengthening a Claim Involving Pre-Existing Conditions
If you have a medical history that could complicate your case, these steps can protect your rights and support a fair outcome:
- Be transparent about your medical background. Concealing prior injuries can damage your credibility and weaken your claim.
- Document everything. Keep copies of medical reports, imaging scans, and notes from doctors who treat you before and after the accident.
- Track symptom changes. Record new or worsening pain and how it affects your daily activities.
- Seek medical attention early. Prompt evaluation helps establish a clear timeline between the accident and any aggravation of prior injuries.
- Consult experienced injury attorneys. A knowledgeable personal injury attorney can interpret medical records, communicate with insurance adjusters, and present clear evidence to support your claim.
- Follow through with recommended care. Consistent treatment demonstrates that your recovery is genuine and medically necessary.
Conclusion
Pre-existing conditions can make personal injury claims more complicated, but they don’t take away your right to fair compensation. The key is clear medical documentation, consistent treatment, and transparency about your health history.
Have questions about how a pre-existing injury settlement works under Colorado law? Consulting an experienced personal injury attorney can help you understand and navigate your options.
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