What if a Car Accident Aggravates an Existing Injury?

If a car accident aggravates an existing injury, you may still be entitled to receive compensation pursuant to a lawsuit, but your ability to secure adequate compensation may be limited (depending on the nature of the pre-existing injury and the aggravation itself).

Aggravation of a pre-existing injury is a genuine concern for many plaintiffs, and for very good reason. In California and all other jurisdictions, “causation” is a fundamental element of personal injury (and, by extension, auto accident) litigation. As the plaintiff, you may only recover damages if you can prove that the defendant-driver’s negligence, recklessness, or intentional misconduct actually “caused” your injuries. There must be a causal link between the defendant’s conduct and your claimed losses.

When the plaintiff suffers from a serious pre-existing injury that is related in some way to the symptoms and impairments arising out of the auto accident, the situation is akin to “blood in the water” for defendants and their counsel. Auto accident defendants are hoping that they can convince the court that the injuries at issue were not actually caused by them and that the injuries are a natural consequence of the pre-existing condition from which the plaintiff is suffering. If the defendant can successfully make such an argument, they may avoid liability entirely.

California gives plaintiffs with a pre-existing injury/condition an opportunity to recover for the “aggravation” of their pre-existing injury/condition. Let’s explore a quick example for clarification.

Suppose that you injure your neck in a car accident. As a result of the accident, your neck movements are limited and you experience severe pain from even slight movements of your neck. Now, in this case, you actually suffered from a pre-existing neck injury that limited your mobility somewhat (and caused a moderate amount of pain).

Over the course of litigation, the defendant will almost certainly attempt to paint your “new” injury as no different from the pre-existing one and will argue that they are not responsible for the changes. If you can establish (through medical documents and expert testimony) that your new neck impairments (i.e., further limited mobility and severe pain) were created by aggravation of the pre-existing condition due to the accident, then you will be entitled to recover damages for the aggravation.

Damages are limited to the aggravation, however, which means that you cannot recover for the total impairment, but only for the losses associated with the increased severity and mobility limitations. So, if you were able to work and exercise regularly with your pre-existing neck condition, but are no longer able to do so, then that would be accounted for in your damage recovery. You would be entitled to damages for lost wages, loss of earning capacity, medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life associated with the aggravation.