How Pre-Existing Conditions Affect Personal Injury Claims in New York City
If you were injured in an accident in New York City and already had a pre-existing medical condition, you might worry it could impact your ability to recover compensation. While pre-existing conditions can make personal injury claims more complex, they do not prevent you from obtaining damages when someone else’s negligence worsens your condition.
What Is a Pre-Existing Condition in NYC Personal Injury Cases?
A pre-existing condition includes any injury, illness, or medical issue you had before the accident. Common examples in New York City include:
- Back or neck injuries
- Arthritis or osteoporosis
- Degenerative disc disease or herniated discs
- Fibromyalgia
- Asthma or diabetes
- Traumatic brain injuries (TBIs) or concussions
- Mental health conditions like PTSD, anxiety, or depression
- Healed fractures or past surgeries
These conditions often flare up or worsen after a new injury caused by a NYC accident.
Can You File a Personal Injury Claim in NYC if You Have a Pre-Existing Condition?
Yes. New York courts apply the “eggshell plaintiff rule,” meaning defendants must take accident victims as they find them — including any pre-existing vulnerabilities.
This legal doctrine ensures that if your pre-existing injury is aggravated by an accident in NYC, you can still pursue compensation from negligent parties.
NYC Personal Injury Law: Eggshell Plaintiff Rule & Crumbling Skull Doctrine
- Eggshell Plaintiff Rule: New York City defendants are fully liable for all injuries caused—even if a healthier person would have had less severe damage.
- Crumbling Skull Doctrine: Insurers may claim your condition would have worsened anyway, but they remain liable for the additional harm caused by the NYC accident.
Common New York City Accidents That Aggravate Pre-Existing Conditions
- Car, truck, or motorcycle accidents on NYC streets or highways
- Pedestrian and bicycle accidents in Manhattan, Brooklyn, Queens, Bronx, and Staten Island
- Subway, bus, or other mass transit accidents in NYC
- Slip-and-fall incidents in NYC stores, restaurants, and public places
- Workplace accidents in NYC construction sites or offices
- Assaults or trauma-related incidents in NYC
Even previously manageable conditions like arthritis or anxiety can become severely debilitating after a New York City accident.
How NYC Insurance Companies Use Pre-Existing Conditions to Deny or Reduce Your Claim
Insurance adjusters in New York City often:
- Attribute your pain to prior medical issues instead of the accident
- Request broad access to your medical history
- Argue injuries were inevitable or unrelated to the NYC accident
- Question your honesty or credibility
- Offer low settlement amounts to pressure quick acceptance
- Use recorded statements against you in negotiations
Never talk to insurance companies without consulting an experienced NYC personal injury lawyer.
Proving Your Pre-Existing Condition Was Aggravated in a NYC Accident
To win your case in New York City, you must show the accident:
- Caused a new injury, or
- Aggravated your existing condition.
Essential evidence includes:
- Medical records before and after your NYC accident
- Testimony from NYC doctors or medical experts
- Diagnostic images like X-rays or MRIs
- Personal symptom journals or logs
- Consistent treatment and follow-up care
Mistakes to Avoid in NYC Personal Injury Claims
- Concealing your pre-existing condition (hurts credibility)
- Skipping medical treatment or follow-ups
- Accepting early settlement offers without full medical evaluation
How to Strengthen Your NYC Personal Injury Claim
- Be truthful about your medical history and previous conditions
- Seek immediate medical attention after the NYC accident
- Keep detailed records of symptoms and doctor visits
- Follow all medical treatment plans carefully
- Hire a skilled New York City personal injury attorney experienced with pre-existing condition claims
- Let your lawyer handle all communications with insurers
Damages Available in New York City Personal Injury Claims
You may recover compensation for:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress or mental anguish
- Loss of enjoyment of life
- Disability or permanent disfigurement
- Wrongful death damages (if applicable)
New York City Statute of Limitations for Personal Injury Cases
- Personal injury: 3 years from the date of the accident
- Wrongful death: 2 years from the date of death
Why Choose Greenstein & Pittari for NYC Personal Injury Cases?
- Multiple convenient NYC locations: Harlem, Bronx, Brooklyn, Queens, Staten Island
- No fees unless we win — our “No Fee Unless Successful” guarantee
- Bilingual attorneys to serve diverse NYC communities
- Trusted by hundreds of NYC clients with top ratings and reviews
- We fight insurance companies so you don’t have to focus on anything but healing
- Recognized by Best Lawyers and Super Lawyers
Don’t Be a Victim Twice in New York City — Call Greenstein & Pittari Today
If your pre-existing condition was aggravated by a New York City accident, contact Greenstein & Pittari at 1-800-VICTIM2 (1-800-842-8462) for a free consultation. Our NYC personal injury lawyers have a proven track record of winning compensation for accident victims throughout the city.
The call is free. The consultation is free. You pay nothing unless we win your case.