How to Prove a Truck Driver was Speeding after an Accident
Posted in: Truck Accidents
KNR Legal Blog
If you were injured in a car accident and have a pre-existing medical condition, you may worry that it will hurt your ability to get compensation. But, if the accident made your condition worse, you may be entitled to greater compensation.
At Kisling, Nestico & Redick, our Ohio car accident lawyers have a long record of holding insurance companies accountable and helping clients across Ohio recover damages—even when insurers try to deny or reduce claims based on pre-existing conditions. Call 1-800-HURT-NOW for a free consultation.
A pre-existing condition is any injury, illness, or health issue you had before the car accident occurred. This may include chronic pain, old injuries, or degenerative conditions. Common examples include:
While you can’t claim that the accident caused the pre-existing condition, you can claim that the crash made it significantly worse ,and Ohio law allows compensation for that aggravation.
Read What Happens to The Body in a Car Accident?
For instance, suppose you have a history of mild lower back pain due to degenerative disc disease. Before the accident, it was manageable—you worked full-time, stayed active, and only needed occasional treatment. But after a rear-end collision, your condition worsens significantly. Suddenly, you’re dealing with constant pain, limited mobility, and the need for physical therapy, injections, or even surgery.
In this situation, the car accident didn’t create a brand-new injury—it aggravated your pre-existing condition and made your life substantially harder. Under Ohio law, you can still recover compensation for the new harm caused by the crash, even if the insurance company tries to blame it all on your prior condition.
The Eggshell Plaintiff Doctrine (also called the Thin Skull Rule) is a legal principle recognized in Ohio that says:
A defendant must take the plaintiff as they find them—even if the plaintiff had a pre-existing condition that made them more vulnerable to injury.
In other words, if you’re injured in a car accident and you had a medical condition that made the injuries worse than they might be for someone else, the at-fault party is still fully responsible for all resulting harm.
Under Ohio’s eggshell rule, a negligent driver is responsible for the full extent of your injuries, even if your condition made you more susceptible to harm. The key is proving that the accident aggravated your pre-existing condition, causing new symptoms, increased pain, or additional treatment needs.
Some accident victims hesitate to disclose their pre-existing conditions—thinking it might hurt their claim. In reality, hiding past injuries or medical issues can backfire. Insurance companies will likely uncover them during their investigation, and withholding that information may hurt your credibility, delay your case, or even lead to a denied claim.
You’re far more likely to receive fair compensation if you’re honest and upfront. What matters most is showing that the accident aggravated or worsened your condition—not that it existed. One of the best ways to demonstrate this is by getting immediate medical treatment after the crash. A doctor can compare your current condition to your previous medical history and document any changes clearly.
It’s also a good idea to track how your life has changed. For example, if you were an avid runner before the crash but can no longer run because your back pain has intensified, make note of this. Keeping a symptom journal, noting limitations in your work or daily activities, and sharing that information with your attorney will help support your claim and strengthen the connection between the accident and your worsened condition.
Read Can the Insurance Company Deny Medical Treatment After an Accident?
Insurance companies are not on your side after a crash—especially if you have a pre-existing condition. Their goal is to reduce what they owe you, and one of their favorite tactics is using your medical history against you.
Here’s how it typically works: the insurer will dig through your records, looking for old injuries or chronic conditions they can blame for your current symptoms. Even if you were pain-free or fully functional before the accident, they may argue that your injuries weren’t caused by the crash or that the accident only had a minor impact.
This leads to:
Don’t fall for these tactics. Even if you had a prior condition, the law protects your right to be compensated when an accident makes it worse. At KNR, we know how to counter these strategies by building strong, evidence-backed claims that reflect the true impact of your injuries.
Insurance adjusters often request broad access to your medical history. They may argue that your current injuries were not caused by the accident. To protect your claim:
Read How to Avoid Settlement Mills by Working with a Real Personal Injury Lawyer
We represented a client with prior back pain who was rear-ended. The accident caused her mild disc issues to develop into a herniated disc, requiring surgery. The insurer initially blamed her pre-existing condition, offering only $40,000. Our team presented medical records, surgeon testimony, and vocational loss analysis ultimately recovering $777,784.
Yes. You can file a claim if the crash worsened your condition. You are still entitled to compensation for new or aggravated injuries.
Not necessarily. In some cases, pre-existing conditions make injuries worse, which can increase the value of your case.
Yes, but only through your attorney. Full transparency is essential—but only when managed strategically.
Medical documentation comparing your condition before and after the accident is key. Expert medical opinions and records of changes in pain, function, or treatment also help demonstrate aggravation.
You can still recover damages if the accident uncovered or worsened a condition you weren’t aware of. Many injuries like disc issues or brain trauma can go undiagnosed until aggravated by trauma.
No, not without consulting an attorney. Insurers often use these release forms to access unrelated records and build a case against you. Let your lawyer handle all disclosures.
Yes. If the accident exacerbated anxiety, PTSD, or depression, you may be entitled to compensation. These claims often require documentation from a mental health professional.
No. If the accident made your condition worse and you now need more treatment, Ohio law allows you to seek compensation for future medical expenses directly tied to the crash.
Read 12 Insurance Surprises To Look Out For After a Car Wreck
You only get one chance to secure a fair settlement. If a car crash made your medical condition worse, don’t settle for less. Let the experienced Ohio car accident attorneys at KNR fight for everything you’re entitled to under the law.
Call KNR today at 1-800-HURT-NOW or contact us online to schedule your free, no-obligation consultation.