Can Pre-Existing Injuries Harm Your Accident Case in Illinois?

 Posted on January 22, 2026 in Personal Injury

Pre-existing injuries do not automatically harm your personal injury case in Illinois, but they often become a major focus for insurance companies. Many people worry that if they had a prior injury or medical condition, they cannot recover compensation. That is not true.

In data updated by the Centers for Disease Control and Prevention in 2025, about 76.4 percent of U.S. adults reported having at least one chronic health condition, such as arthritis, joint pain, or long-term back issues. Insurance companies are always looking to protect their bottom line. They regularly argue that pre-existing injuries harm your case to reduce or deny claims.

As of 2026, Illinois law allows injured people to seek compensation when an accident makes a prior condition worse. If you are facing these arguments, the Arlington Heights, IL personal injury lawyers at Newland & Newland, LLP can help protect your claim and explain how the law applies to your situation.

What Counts as a Pre-Existing Injury in an Illinois Accident Case?

A pre-existing injury is any condition you had before the accident happened. This can include injuries that healed, injuries you were still treating, or long-term medical conditions.

Common examples include back or neck injuries, arthritis, old fractures, joint problems, or prior surgeries. Even if you felt fine before the accident, insurance companies may still point to your medical history to try to weaken your claim to compensation.

Does Illinois Law Allow Compensation When a Prior Injury Exists?

Having a pre-existing injury does not prevent you from filing a claim. What matters is whether the accident caused new harm or made your condition worse.

Illinois law recognizes that people are not required to be in perfect health before an accident to be entitled to compensation. If someone else caused the crash and made your condition worse, they may still be responsible.

Illinois follows the legal rule often called the "eggshell plaintiff" rule. This principle is reflected in Illinois Pattern Jury Instruction Civil No. 30.21, which tells juries that a defendant is responsible for injuries that aggravate a pre-existing condition. In plain terms, the at-fault party cannot avoid responsibility just because the injured person was not perfectly healthy before the accident.

How Do Insurance Companies Use Pre-Existing Injuries Against You?

Insurance companies closely review medical records to see whether similar pain or restrictions existed before the crash.

Common insurance arguments include:

• Your symptoms were present before the accident.

• The accident only caused a short flare-up.

• Your treatment relates to an old injury, not the crash.

Illinois law does not allow insurers to deny a claim simply because you had a prior condition. Under 735 ILCS 5/2-1116, the courts use a comparative fault system. This law compares fault between the people involved in the accident. Your compensation can only be reduced if you are found partially at fault for causing the accident itself – not because you had a pre-existing injury.

How Do You Prove an Accident Worsened a Prior Injury?

Strong medical evidence is critical when pre-existing injuries are involved. The goal is to show how your condition changed after the accident.

Helpful evidence may include:

• Medical records from before and after the accident

• Imaging that shows new damage or worsening findings

• Doctors’ opinions linking the accident to increased symptoms

• Proof of increased treatment, pain, or physical limits

Clear documentation can make a major difference in how an insurance company views the claim.

Should You Tell the Insurance Company About a Pre-Existing Injury?

You should be honest about your medical history. Hiding a prior injury can damage your credibility and hurt your case. At the same time, you do not have to accept the insurer’s claim that your injury is unrelated. How your history is explained and supported with evidence matters. This is where early legal guidance can help prevent mistakes.

Schedule a Free Consultation With Our Palatine, IL Personal Injury Attorneys

If you were injured in an accident and have a pre-existing condition, we can help you understand your rights. At Newland & Newland, LLP, our local attorneys value our communities and the clients we serve. With many decades of combined experience and millions of dollars in successful verdicts, the firm is known for standing up to insurance companies while staying focused on client needs.

Call 847-797-8000 to schedule a free consultation with an Arlington Heights, IL personal injury lawyer you can trust. We can provide services in English, Spanish, and Cantonese.