Maybe you already had back pain before the crash.
Perhaps you had undergone knee surgery, dealt with arthritis, or had an old neck injury that was mostly manageable.
Then a car accident happened, and suddenly the symptoms became more painful or began interfering with everyday activities.
Does having a pre-existing medical condition prevent you from bringing a South Carolina car accident claim?
Absolutely not! South Carolina law recognizes that an accident can aggravate a pre-existing condition.
The important question is usually not whether you were perfectly healthy before the collision. Instead, the issue may be whether the accident made your existing condition worse and what additional harm resulted.
Can You Recover for an Aggravated Pre-Existing Condition in South Carolina?
South Carolina courts have recognized the principle that a defendant generally takes an injured person as found.
In Waring v. Johnson, the South Carolina Court of Appeals held that a plaintiff may recover damages for the aggravation of a pre-existing condition.
That principle was later cited by the South Carolina Supreme Court in cases involving injuries with pre-existing medical conditions.
In practical terms, a pre-existing condition does not automatically erase a personal injury claim. However, the at-fault party is generally responsible for harm caused by the accident, not for medical problems that would have existed at the same level even if the collision had never occurred.
That distinction makes medical evidence especially important in a South Carolina car accident claim involving a pre-existing condition.
For a broader overview of the first steps after a collision, see What to Do After a Car Accident in South Carolina.
What Types of Pre-Existing Conditions Can Be Aggravated?
A collision can potentially worsen many different medical conditions. Common examples include:
- Degenerative disc disease
- Previous back or neck injuries
- Arthritis
- Prior knee or shoulder injuries
- Herniated or bulging discs
- Previous surgeries
- Chronic pain conditions
- Old fractures
- Neurological conditions
For example, someone might have had occasional lower-back discomfort before a crash but required injections, physical therapy, or surgery afterward.
The fact that the back problem existed before the accident does not necessarily answer whether the crash caused additional injury. Medical records and testimony may help distinguish the person’s prior baseline from their condition after the collision.
Why Do Insurance Companies Ask About Your Medical History?
The insurer may dispute causation
When an insurance company learns of a prior injury or medical condition, it may argue that your current symptoms are unrelated to the crash.
That is why hiding a pre-existing condition is usually a bad strategy. Prior medical records may eventually become part of the claim or litigation process. A significant inconsistency about your medical history can create a credibility issue.
A better approach is usually to document what changed.
Were you able to work before the collision but unable to do so afterward? Did you need considerably more treatment? Did pain become more frequent or severe? Did a doctor identify a new injury or a worsening of the existing condition?
Those details can help establish the difference between the condition before and after the accident.
What Evidence Can Help Show That the Accident Worsened Your Condition?
Medical records before and after the crash
Earlier medical records can establish your baseline. Post-accident records can then show new symptoms, increased pain, additional treatment, or changes in physical limitations.
Medical opinions
Your treating physicians may be able to address whether the collision caused a new injury or aggravated an existing one. The medical connection between the accident and your worsened symptoms can become especially important when the insurer disputes causation.
Diagnostic testing
MRIs, X-rays, CT scans, and other tests may help document physical changes. Testing does not answer every question, but it can become one part of the medical evidence.
Evidence of changes in daily life
Employment records, testimony from family members, activity limitations, and other evidence may help show how your condition changed after the crash.
Keeping consistent medical appointments also matters. Significant gaps in treatment can make it easier for an insurer to argue that the accident was not responsible for ongoing symptoms.
What If You Were Partly Responsible for the Crash?
A pre-existing condition and fault are separate issues.
South Carolina follows a modified comparative negligence system. If an injured person shares responsibility for the collision, any recovery may be reduced by that person’s percentage of fault.
If the plaintiff’s negligence exceeds the defendant’s, recovery may be barred under South Carolina’s comparative-negligence rule.
SDH explains the issue in more detail in How Comparative Negligence Works in South Carolina Auto Accident Claims.
Should You Accept a Settlement While You Are Still Receiving Treatment?
No claim should ever be settled or resolved without an accurate and complete understanding of the damages incurred.
It is very difficult to understand the full extent of your injuries, including any aggravation of a pre-existing condition, until you have completed treatment and been discharged from care.
Some symptoms evolve over time, so if doctors are still determining whether you will need injections, surgery, physical therapy, or other treatment, it may be difficult to evaluate the full effect of the collision.
A settlement generally resolves the claim. This means accepting an offer too early can create problems if additional accident-related treatment becomes necessary later.
For more information, read Should I Accept the Insurance Company’s First Settlement Offer?.
How Long Do You Have to Bring a South Carolina Car Accident Claim?
South Carolina generally provides a 3-year period to bring an action for personal injury under South Carolina Code Section 15-3-530. Exceptions may apply depending on the facts and defendant.
You can learn more about the deadline in SDH’s article, “How Long Do You Have to File a Car Accident Claim in South Carolina?“
Waiting can still make a claim more difficult even when the legal deadline has not expired. Medical records, witness information, photographs, and other evidence are often easier to preserve soon after a collision.
Frequently Asked Questions About Pre-Existing Conditions and Car Accidents
Can an insurance company deny my claim because I had a previous injury?
Insurance companies often try to downplay or deny claims due to a pre-existing condition, but the existence of a pre-existing condition does not prevent recovery.
The dispute will instead focus on whether, and to what extent, the accident aggravated the condition, and on what damages resulted from that aggravation.
Should I tell my doctor about my old injury?
Yes. Giving your medical providers an accurate history can help them evaluate what changed after the collision and document your condition appropriately.
What if I had arthritis before the crash?
An existing degenerative condition does not necessarily prevent a claim. The question may be whether the collision caused additional symptoms, treatment needs, or limitations.
Do I need my old medical records?
They may be important. Earlier records can sometimes help establish what your condition looked like before the crash compared with what it looked like afterward.
Does South Carolina’s three-year deadline always apply?
Three years is the general limitations period for personal injury actions under Section 15-3-530, but exceptions and different deadlines can apply in some cases.
Talk With Seaton, Duncan, & Holmes About a Car Accident Injury
A pre-existing medical condition does not mean that new or aggravated injuries should be ignored. Determining what changed after a crash may require comparing medical records, reviewing the accident evidence, and evaluating the treatment your doctors recommend.
Seaton, Duncan, & Holmes handles personal injury matters from its Moncks Corner office and serves clients in Charleston, Berkeley, Dorchester, and surrounding areas.
If a South Carolina car accident aggravated an existing condition, contact Seaton, Duncan, & Holmes or call 843-761-3840 to discuss the circumstances of your claim.
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