When you suffer an injury in an accident, one of the first concerns that may arise is whether your pre-existing condition will affect your personal injury claim. Many Ohio residents live with chronic conditions—such as back injuries, arthritis, or prior surgeries—that could make them more vulnerable to severe harm. Insurance companies often try to use these conditions against victims, claiming the accident didn’t cause their injuries. Understanding how Ohio law treats pre-existing conditions is essential to protect your right to full compensation.
Understanding Pre-Existing Conditions in Ohio Personal Injury Cases
A pre-existing condition is any injury, illness, or health issue that existed before an accident occurred. This might include old fractures, degenerative disc disease, or even mental health conditions. Under Ohio personal injury law, having a pre-existing condition does not disqualify you from filing a claim. What matters is whether the accident aggravated or worsened that condition.
For example, if you had a mild back problem from years ago and a car accident significantly increased your pain, limited your mobility, or required new treatment, you can pursue damages for the exacerbation of that injury.
This principle stems from Ohio’s long-standing rule that defendants “take the plaintiff as they find them.” Known as the eggshell skull rule, this doctrine means the at-fault party cannot escape liability simply because the victim was more susceptible to injury.
The Legal Standard in Ohio for Aggravated Injuries
In Ohio, the injured party must prove that the accident directly aggravated their condition. This is typically shown through medical documentation and expert testimony. Courts will look at factors such as:
- The extent of your pre-existing condition before the accident.
- How the symptoms changed or worsened afterward.
- The medical opinions linking the aggravation to the incident.
Under Ohio Revised Code §2315.18, personal injury compensation may include both economic and non-economic damages, such as medical costs, lost income, and pain and suffering. However, the amount recoverable depends on proving causation—that the accident directly worsened your prior condition.
In practice, this means medical evidence becomes the cornerstone of your claim. Detailed records before and after the accident help distinguish between your old condition and the new harm caused by the defendant’s negligence.
How Insurance Companies Handle Pre-Existing Conditions
Insurance adjusters often seize on pre-existing conditions as a way to minimize payouts. They may argue that your pain or limitations stem solely from your previous health issues rather than the accident itself. Common tactics include:
- Requesting complete medical histories to find any past injuries.
- Misinterpreting medical records to downplay the accident’s role.
- Offering low settlements based on partial responsibility arguments.
In Ohio, this approach is common in auto accident and workplace injury claims. An experienced personal injury attorney can anticipate these tactics, ensure that only relevant medical history is disclosed, and use expert medical testimony to establish a clear connection between the accident and your aggravated injuries.
Proving the Accident Worsened Your Condition
To successfully recover damages in Ohio, your attorney must show that the incident directly aggravated your condition. This requires a strategic combination of evidence and documentation. Here are the key elements typically used to build a strong claim:
Medical Documentation
- Records showing your condition before and after the accident.
- Imaging or diagnostic tests that highlight new or worsened damage.
- Physician statements describing how the injury changed post-accident.
Expert Testimony
- Medical specialists can explain to the court or insurance company how the trauma from the accident intensified your symptoms or created new complications.
Personal Testimony
- Describing how your day-to-day life, employment, and physical abilities have changed since the event helps humanize the claim and clarify the difference between your old and new condition.
Types of Pre-Existing Conditions Often Involved in Ohio Claims
While any prior condition could be relevant, certain medical issues more frequently complicate Ohio personal injury claims. Some examples include:
- Back and neck injuries such as herniated discs or spinal arthritis.
- Joint issues, especially from sports injuries or prior accidents.
- Traumatic brain injuries (TBI) with lingering symptoms.
- Psychological conditions like PTSD or anxiety disorders.
- Degenerative diseases including osteoarthritis or osteoporosis.
The presence of these conditions does not weaken your case when properly supported by evidence. Instead, it shifts the focus to how much worse your condition became because of the accident.
Steps to Protect Your Ohio Personal Injury Claim
If you have a pre-existing condition and are injured in an accident, taking the right steps immediately can make a substantial difference in your outcome.
1. Seek medical attention immediately.
Even if you believe your pain stems from your old injury, new trauma can trigger or worsen symptoms. Early documentation establishes a clear record of the aggravation.
2. Be transparent with your doctor.
Honesty about your medical history helps physicians distinguish between old and new symptoms, which strengthens your case later.
3. Follow your treatment plan carefully.
Insurance companies often argue that failure to comply with treatment indicates a lack of serious injury. Consistent care supports the legitimacy of your claim.
4. Consult a personal injury attorney early.
An experienced Ohio personal injury lawyer can coordinate with medical professionals, protect your privacy, and negotiate fair compensation.
Common Mistakes That Can Hurt Your Claim
Even legitimate cases can falter when injured victims make missteps during the claims process. Avoiding these pitfalls can preserve your right to compensation.
Concealing your medical history – Courts and insurers often uncover pre-existing conditions through records. Transparency ensures your attorney can control the narrative.
Relying solely on insurance adjusters – Adjusters are not neutral; their goal is to reduce payouts. Legal counsel ensures your interests are represented.
Ignoring new or worsening symptoms – Downplaying pain or refusing follow-up care may create gaps in your medical record, weakening causation arguments.
Settling too quickly – Accepting an early offer before your full condition is known can leave you undercompensated for long-term impacts.
Scenario: Aggravation of a Back Injury in an Ohio Car Accident
In this example a Ohio resident named Paul had mild chronic lower back pain from a work injury years earlier. After being rear-ended in a Columbus car crash, his back pain intensified, radiating down his legs. He required physical therapy, lost workdays, and eventually needed injections for pain relief. The insurance company argued that his pain existed before the crash.
Through medical documentation and testimony from his doctor, Paul’s attorney demonstrated that the car accident aggravated his pre-existing lumbar condition. The jury awarded compensation for his new medical costs, pain and suffering, and lost wages—reflecting the principle that the defendant was responsible for worsening his health, not creating it from scratch.
This illustrates how careful documentation and experienced representation can turn a disputed claim into a successful recovery.
How Ohio Courts Evaluate Damages for Pre-Existing Conditions
When assessing damages, Ohio courts differentiate between the original condition and the aggravated state. Compensation is only awarded for the portion of harm directly caused by the defendant. However, the burden of separating those damages often falls on the defense.
Under Ohio Jury Instruction 315.01, if the jury cannot reasonably separate the pre-existing injury from the new harm, the defendant may be held responsible for the entire resulting condition.
In practice, this encourages insurers to settle rather than risk full liability at trial—particularly when the plaintiff’s medical evidence is clear and consistent.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you’ve been injured in an Ohio accident and already have a pre-existing condition, don’t assume your case is hopeless. The law protects victims whose prior health issues were made worse by another’s negligence. Whether you were hurt in a car crash, slip and fall, or workplace accident, our team at Brandon J. Broderick, Attorney at Law understands how to prove aggravation, challenge insurance tactics, and recover the compensation you deserve. We’ve helped countless Ohio clients reclaim their peace of mind and financial stability after complex personal injury cases. Your past condition shouldn’t define your future recovery.