Skip to content

Aggravation of a Pre-Existing Injury in an Accident

For some accident-victims who suffer a neck or back injury, it is not the first time they have been injured in the same area of the body. Someone who has been in an accident and suffered a neck injury for the second time, for example, will be rightfully concerned about how the first injury will impact the second, as well as how the first may affect a personal injury claim for the second.

Subjective complaints

If you have a pre-existing injury which was worsened in an auto accident, evidence will need to be gathered to support this claim. This includes a comparison of your subjective pre- and post-collision complaints, such as your professed rates of pain between 1 and 10 after your first injury, however long ago it was, and after the second injury; such documentation can demonstrate that your pain has increased significantly as a result of the accident and aggravation of your initial injury. It may also be helpful to maintain a journal or activity log which documents activities you could do after the first injury but not after the second, such as exercising, standing or sitting for long periods of time, or even household chores.

Statements from friends, relatives, and co-workers

Those who are part of your everyday life can provide the best insight into how a new accident has aggravated a pre-existing injury, and the testimony of co-workers may be particularly valuable due to their lack of bias. Perhaps your co-workers are aware of strenuous work-related activities which you could perform after your first injury, but have become difficult or unmanageable since the second injury; such information can be crucial to the success of your claim.

Expert testimony

Testimony from your treating physician/s can also contribute to a successful claim. If your doctor possesses your records from before your first injury and has treated you or reviewed your records following the second injury, he/she will be an authoritative voice regarding how your condition has worsened, while radiologists and other specialized physicians may be able to testify based on your diagnostic studies, such as MRIs, which were taken before and after the accident and aggravation of your first injury.

If you or a loved one has suffered an injury or aggravation of a previous injury in an accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!