Understanding How Pre-Existing Conditions Influence Personal Injury Cases in South Carolina

When someone is injured due to another person’s negligence, they have the legal right to seek compensation. However, if the injured person already had a medical condition before the accident, this can complicate their personal injury claim. Pre-existing conditions are common, and their presence does not automatically disqualify someone from recovering damages. But they can affect how much compensation is awarded and how liability is assessed.

In South Carolina, as in many states, the law aims to distinguish between injuries caused by an accident and those that were already present. If you or a loved one has a pre-existing condition and are considering filing a personal injury claim, it’s important to understand how your medical history might affect your case.

What Is a Pre-Existing Condition?

A pre-existing condition refers to any injury, illness, or health issue that existed before the accident in question. This could include chronic back pain, arthritis, past surgeries, or prior injuries from earlier incidents. These conditions may be dormant, actively treated, or managed through medication or therapy at the time of the new injury.

Insurance companies often scrutinize claims involving pre-existing conditions. They may argue that the current injuries were not caused by the accident but were simply a continuation or flare-up of a past issue. This is where having solid medical documentation and legal representation becomes crucial.

The Eggshell Plaintiff Rule in South Carolina

South Carolina follows the “eggshell plaintiff” rule. This legal principle states that a defendant must take a plaintiff as they find them. In other words, if someone with a pre-existing condition is injured due to another’s negligence, the at-fault party is still responsible for the full extent of the harm caused—even if the plaintiff is more susceptible to injury.

For example, if someone with a history of neck injuries is rear-ended and suffers a worsened or new spinal injury, the defendant cannot escape liability simply because the plaintiff was already vulnerable. The key is proving that the accident aggravated or accelerated the existing condition.

Proving Aggravation of a Pre-Existing Condition

To recover compensation for an aggravated condition, the injured party must demonstrate that the accident worsened their previous state. This often requires a clear comparison between their medical condition before and after the incident.

Medical records play a central role here. If the injured person had regular treatments or documented evaluations before the accident, these records can serve as a baseline. After the accident, new scans, examinations, and physician notes can highlight any changes or deterioration that occurred due to the new injury.

An experienced personal injury attorney can help gather the right evidence, consult with medical professionals, and build a case that accurately reflects how the accident impacted the individual’s health.

Common Challenges in Claims Involving Pre-Existing Conditions

One of the most common tactics used by insurance companies is to claim that all current symptoms are related to the pre-existing condition. This can be discouraging for injured victims who are experiencing real pain and limitations caused by a new accident.

Other challenges may include:

Disputes over medical causation: Insurers may argue that the accident did not cause any new injury or that it only had a minimal effect.
Incomplete or missing medical history: If records before the accident are unclear or unavailable, it may be difficult to prove the difference in condition.
Delays in seeking treatment: Waiting too long to get medical care after the incident can make it harder to establish a link between the accident and the worsening condition.

It’s essential to be honest about your medical history. Hiding or downplaying past conditions can hurt your credibility and damage your claim. Full disclosure allows your attorney to prepare an appropriate strategy and protect your rights.

How Compensation May Be Affected

A pre-existing condition doesn’t mean you can’t receive compensation, but it can influence how much is awarded. If the accident caused new injuries unrelated to any prior condition, those injuries are evaluated independently. However, if the existing condition was made worse, the compensation may be based on the degree of aggravation.

For example, someone with a history of shoulder problems who suffers a complete tear requiring surgery may be eligible for compensation covering surgery, recovery time, lost wages, and pain related to the worsening of that specific injury.

Damages in South Carolina personal injury claims can include:

Medical expenses (both past and future)
Lost income
Pain and suffering
Loss of enjoyment of life
Long-term care or rehabilitation costs

An accurate and thorough understanding of your condition before and after the injury is critical in calculating fair compensation.

The Role of Expert Testimony

In complex cases involving pre-existing conditions, expert testimony often makes the difference. Medical experts can explain how the injury affected the plaintiff and whether the accident worsened the previous condition. Their insights provide clarity and help counter the arguments made by insurance companies or defense attorneys.

Economic experts may also be brought in to discuss the financial impact, particularly if the aggravated condition leads to long-term disability or inability to work.

Legal Support for Injury Victims with Pre-Existing Conditions

South Carolina personal injury law is designed to protect individuals—even those with health issues that existed before an accident. However, these claims are rarely straightforward. The presence of a pre-existing condition increases the need for detailed evidence, professional medical evaluation, and legal guidance.

An experienced personal injury attorney can help you:

Analyze your medical records and identify important information
Work with doctors and specialists to support your claim
Negotiate with insurance companies
Advocate for your right to full and fair compensation

Conclusion

If you have been injured in South Carolina and have a pre-existing condition, don’t assume you’re out of options. The law recognizes your right to recover damages for new injuries or the worsening of existing ones. What matters most is having a clear, well-documented case supported by credible medical evidence and legal advocacy.

Taking the right steps early—like seeking prompt medical attention and speaking with a personal injury lawyer—can help ensure you are treated fairly throughout the claims process. Every case is different, but with the right support, you can pursue the compensation you deserve.