Principle Attorney
Having a pre-existing injury does not disqualify you from recovering compensation after an accident in Colorado. If someone else’s negligence made your condition worse, you may still have a valid personal injury claim.
Insurance companies often point to your medical history instead of the crash. When that happens, the issue becomes whether the accident changed your condition in a measurable way. With clear medical evidence and a strong before-and-after comparison, you can pursue compensation for the additional harm you suffered.
Can You Recover Damages If You Had a Prior Injury?
Yes. Colorado follows the “eggshell plaintiff” rule, which means the at-fault party must take you as you are. If you were more vulnerable because of a prior injury or degenerative condition, they are still responsible for the extra harm caused by the accident.
You do not need to have been in perfect health. What matters is whether the crash:
- Aggravated a prior back, neck, or joint injury
- Worsened a degenerative condition
- Triggered previously stable symptoms
- Increased your need for treatment or surgery
The focus is on what changed.
What Is the Difference Between Aggravation and Exacerbation?
You may hear both terms during your claim.
An aggravation generally refers to a lasting or permanent worsening of a prior condition. An exacerbation is a temporary flare-up that eventually returns to baseline. The distinction can affect the value of your case.
For example, if a crash turns manageable back pain into a condition requiring surgery, that may qualify as an aggravation. If symptoms spike briefly and resolve, it may be considered an exacerbation. Medical documentation plays a central role in making that determination.
How Do Insurance Companies Use Pre-Existing Conditions Against You?
Insurers routinely review medical records looking for prior injuries. If they find one, they may argue:
- Your pain existed before the accident
- Your treatment would have been necessary anyway
- The crash caused only a minor flare-up
- Your current limitations are unrelated
They may also request broad access to years of records. This is a common strategy used to reduce claim value.
We address these arguments early by organizing your medical history and working with providers to clarify how the accident affected you.
What Evidence Strengthens a Claim Involving a Prior Injury?
Strong documentation is key. The goal is to establish a baseline and show how the accident altered it.
Helpful evidence may include:
- Medical records documenting your condition before the accident
- Post-accident treatment notes reflecting new or intensified symptoms
- Imaging studies, such as MRIs
- Written opinions from your treating physicians
- A pain or activity journal tracking daily limitations
Consistency matters. What you report to your doctors should align with your records and your claim.
Do You Have to Disclose a Pre-Existing Condition?
Yes. Trying to hide a prior injury can damage your credibility and weaken your case. Insurance companies will obtain relevant medical records during the claims process.
Being upfront allows us to frame the issue properly and focus on how the accident worsened your condition rather than letting the insurer control the narrative.
How Does Colorado Comparative Fault Apply?
Colorado follows a modified comparative negligence rule. If you are less than 50 percent at fault, your compensation is reduced by your percentage of fault. If you are 50 percent or more responsible, you cannot recover damages.
Pre-existing injuries do not increase your fault. Liability for the crash and your medical history are separate issues, even though insurers sometimes blur the line.
What Compensation Can You Recover?
You can pursue damages for the additional harm caused by the accident, including:
- Medical expenses related to the aggravated injury
- Lost wages
- Pain and suffering tied to increased symptoms
- Future care if your condition is now more severe
You are not compensated for the original condition itself, but you can recover for the worsening caused by the accident.
Your Medical History Does Not End Your Case
Pre-existing injuries add complexity, but they do not prevent recovery. What matters is proving how the accident changed your condition and affected your life.
At the Law Offices of Dianne Sawaya, LLC, we help injured Coloradans build strong, medically supported claims, even when their health history is complicated. If you were hurt in an accident and are concerned about how a prior injury might affect your case, contact us today to schedule a consultation. We will review your situation and explain your options clearly.