If you suffered a concussion or whiplash in a car accident and already had a prior injury, your situation is more complicated—but that doesn’t mean you’re not entitled to justice. These types of injuries often worsen pre-existing medical conditions, making diagnosis, treatment, and compensation more challenging. At The Ammons Law Firm, we help clients navigate the legal and medical complexities that arise when new trauma aggravates an old condition.
Identifying Symptoms When You Have a History of Injury
A concussion can cause headaches, dizziness, memory loss, and sensitivity to light—symptoms that may be hard to distinguish from pre-existing neurological issues. Whiplash often results in neck stiffness, reduced range of motion, and radiating pain, which may blend with older back or spinal injuries. Many people are unsure whether what they are feeling is truly new or a flare-up of something they’ve dealt with before.
According to the Centers for Disease Control and Prevention (CDC), concussion symptoms can develop over days or even weeks, which adds to the confusion. Likewise, Mayo Clinic reports that whiplash symptoms are often delayed by 24 to 48 hours—something especially important for people who already experience chronic pain.
The most important thing you can do is document everything thoroughly. That includes describing your symptoms, comparing them to how you felt before the accident, and seeking medical care right away. Failing to do so could harm both your recovery and your case.
Helpful steps after a crash include:
- Visit a medical provider immediately, even if symptoms seem mild
- Share your complete medical history, including prior injuries
- Request that your doctor compares new symptoms with your medical baseline
- Keep a symptom journal that tracks changes in pain, mobility, and cognition
- Follow your treatment plan and attend every follow-up visit
Your medical records are critical evidence when pre-existing conditions are involved. Clear documentation is one of the most effective ways to show that your condition was worsened by the crash—not unrelated.
Establishing What Caused Your Injuries After a Car Crash
When prior injuries exist, insurers often claim that your current pain or limitations are unrelated to the collision. They may try to avoid paying by arguing that your condition was already declining or that no new injury occurred. To fight this, your legal team must establish what changed after the accident and why it matters.
This is where the legal doctrine known as the “eggshell plaintiff” rule becomes relevant. It protects people who are more vulnerable due to a medical history. If someone causes harm, they are responsible for all resulting damage—even if your body was more easily injured because of an earlier condition.
To build a strong case, your legal team should:
- Analyze the accident report and all available crash evidence
- Work with medical experts to distinguish between old and new injuries
- Compile documentation showing how your condition worsened
- Interview family, coworkers, or others who can describe your post-crash changes
Statements like “I’ve always had neck pain” or “This feels like my usual headaches” can be twisted by insurers to limit your claim. That’s why it’s critical to speak with a qualified attorney before giving any recorded statements.
Proving the Financial Impact of Worsened Injuries
When new trauma worsens an existing condition, the recovery process is often longer and more expensive. You may need additional testing, longer therapy sessions, or new treatments. If the aggravation affects your ability to work or live independently, those long-term costs must be factored into your claim.
According to the National Institutes of Health, individuals with multiple injuries or chronic conditions benefit from tailored recovery plans involving both physical and cognitive therapies. This makes it vital that your legal strategy accounts for all forms of necessary care—not just the most obvious medical bills.
Your case may involve:
- Extended physical therapy for new or worsened mobility issues
- Cognitive therapy for lingering effects of concussion
- Occupational therapy if work duties are impacted
- Loss of income or future earning potential
- Mental health support for anxiety, depression, or PTSD
- Home modifications or medical equipment if your condition regressed
Our legal team builds every claim around the unique challenges each client faces. A concussion that might resolve in weeks for one person could leave another with a permanent disability if it builds on existing neurological issues.
Talk to a Personal Injury Attorney at The Ammons Law Firm
If you’ve suffered whiplash or a concussion after a car crash and are dealing with pre-existing injuries, your legal case may be more complex—but not impossible. At The Ammons Law Firm, our Personal Injury Attorneys know how to present these cases in a way that insurance companies cannot ignore. We also represent families in fatal crash claims through our Wrongful Death Attorneys.
Your medical history should not be used against you. Let us help you protect your rights, recover the full value of your claim, and focus on healing. Contact us today for a free and confidential consultation.
