A car accident in Schaumburg can cause a new injury or make an existing medical condition worse. I often see crashes that aggravate old back injuries, degenerative disc disease, arthritis, neck problems, joint issues, or other conditions that were stable before the accident. Busy roads in Schaumburg like Golf Road, Higgins Road, Roselle Road, Barrington Road, and the I-90 corridor see many rear-end, side-impact, and multi-vehicle crashes that put a lot of force on the body.
If you had pain or a diagnosed condition before the accident, the insurance company might try to use that against you. Still, having a preexisting condition does not mean you cannot seek compensation if another driver’s negligence made your health worse.
You do not need to be in perfect health before a car accident to have a valid personal injury claim. What matters is whether the crash caused a new injury or made an existing problem worse.
For example, you might have had some lower back discomfort before a crash but could still work, exercise, drive, and do daily activities without much trouble. After the accident, you might have constant pain, need injections or physical therapy, miss work, or even need surgery. In this case, I focus on how your condition changed after the crash.
The driver at fault does not get excused just because you had a medical issue before the accident.
When an insurer learns that you had previous back, neck, shoulder, knee, or other medical problems, it may argue that your current symptoms have nothing to do with the accident. Adjusters may request years of medical records looking for earlier complaints that resemble your current condition.
That makes the medical timeline extremely important.
I look for evidence about how often you needed treatment before the accident, if you had any limitations, whether your symptoms had improved or stayed the same, and what changed after the crash. Just because you had a diagnosis on an MRI before does not mean your current pain and disability were already there.
Strong medical documentation can help distinguish a longstanding condition from an accident-related aggravation.
Your physicians may compare prior imaging studies with post-accident MRIs, X-rays, CT scans, or other tests. They may document new symptoms, increased pain, reduced range of motion, weakness, numbness, or the need for treatment that had not previously been necessary.
I may also examine medication histories, physical therapy records, prior specialist visits, and employment records. If you had not required significant treatment for months or years before the accident and suddenly needed extensive care afterward, that timing may become important evidence.
Consistency matters. Describing your previous condition accurately is generally more helpful than pretending it never existed.
Car accidents can worsen many medical conditions, particularly musculoskeletal and spinal problems.
Degenerative disc disease may become symptomatic after trauma. A previously manageable herniated disc may begin pressing more severely on a nerve. Arthritis in the neck, back, hip, knee, or shoulder may become considerably more painful following impact. Previous surgeries, old fractures, prior concussions, and chronic pain conditions may also be affected by a new collision.
I evaluate whether the accident changed your symptoms, treatment requirements, physical abilities, employment, or expected medical outlook.
The goal is not to claim that the crash created a condition that already existed. The goal is to establish the additional harm caused by the collision.
When another driver’s negligence aggravates a preexisting condition, damages can potentially include the medical treatment made necessary by that aggravation.
Depending on the facts, I may pursue compensation for medical bills, rehabilitation, medication, future medical care, lost wages, reduced earning capacity, pain and suffering, disability, and other consequences resulting from the worsening condition.
A major issue is separating the effects of the accident from the natural progression of the underlying medical condition. Medical testimony and detailed records can become particularly important when an insurer argues that symptoms would have worsened even without the crash.
A separate issue is whether you were partly responsible for causing the collision itself. Under 735 ILCS 5/2-1116, Illinois uses modified comparative negligence. If you are more than 50 percent responsible for the injury, you are barred from recovering damages. If your responsibility is 50 percent or less, you may still recover, but your compensation is reduced by your percentage of fault.
Your preexisting medical condition is different from comparative fault. Having arthritis, degenerative disc disease, or a prior injury does not mean you caused the crash.
Insurers frequently scrutinize aggravation claims because there is an opportunity to argue that treatment would have been necessary anyway. I do not rely solely on an adjuster’s interpretation of medical records.
I examine what your health and daily activities were like before the collision and compare them with what happened afterward. Work attendance, family testimony, medical appointments, physical activity, medication use, and treatment history can all help establish the change.
A clear before-and-after picture can become one of the most persuasive aspects of an aggravation claim.
Yes. A prior back condition does not automatically prevent you from pursuing compensation. The key issue is whether the crash caused additional injury or made your previous symptoms worse.
For example, you may have had degenerative disc disease but experienced only occasional discomfort before the accident. If the collision caused persistent pain, nerve symptoms, reduced mobility, or the need for injections, therapy, or surgery, I may pursue compensation for the additional harm attributable to the crash.
Medical records from before and after the collision can be especially important in demonstrating that change.
It may seek records relating to prior conditions that are relevant to the injuries you are claiming. Insurers often review earlier treatment to determine whether similar symptoms existed before the accident.
I generally want to understand that history before the insurer attempts to use it against you. Prior records may sometimes strengthen the claim by showing that a condition was stable, required minimal treatment, or caused fewer limitations before the collision.
The existence of prior treatment is not necessarily damaging. The comparison between your prior condition and your post-accident condition is what matters.
A previously diagnosed herniated disc can still be aggravated by a later collision.
The insurer may argue that the disc problem explains all of your current symptoms. However, I may look at whether you previously experienced nerve pain, numbness, weakness, limited motion, or significant restrictions and compare that with your symptoms following the accident.
If your earlier condition had been manageable but became substantially more serious after the crash, medical evidence may support an aggravation claim.
Yes. Accurate medical history is important. Trying to conceal a previous injury can damage credibility if old medical records later reveal it. Instead, I want medical providers to understand your baseline condition and clearly document what changed following the collision.
For example, telling your physician that you had occasional back pain before the crash but now experience daily radiating pain gives the provider useful information for evaluating whether trauma aggravated the condition.
Illinois generally requires personal injury actions to be filed within two years after the cause of action accrues under 735 ILCS 5/13-202.
There can be exceptions and different procedural requirements depending on the circumstances, including cases involving governmental entities or minors. I also do not recommend waiting simply because the general limitations period may be two years.
Medical evidence, crash footage, witnesses, vehicle data, and other evidence may become harder to obtain over time. Early investigation can be particularly important when a preexisting condition creates a disputed causation issue.
A preexisting medical condition should not automatically prevent you from pursuing compensation after another driver makes that condition worse. These cases often require a careful comparison of your health, symptoms, treatment, employment, and daily activities before and after the collision.
If a Schaumburg-area car accident aggravated arthritis, a herniated disc, degenerative disc disease, a previous neck or back injury, or another medical condition, contact SJ INJURY LAW, a Schaumburg car accident attorney, to discuss your legal options. Contact our Schaumburg car accident lawyers at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation.
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