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Last Modified on Aug 11, 2026
When a personal injury aggravates a pre-existing injury, insurance companies may jump at the opportunity to cast doubt on an injury claim. Without strong legal representation and the right approach, your efforts to seek compensation could lead to unfavorable outcomes. An injury lawyer can help you understand how to prove to insurance companies that the crash worsened a pre-existing injury.
How Pre-Existing Injuries Affect Car Accident Claims in South Carolina
Securing compensation for any injury claim comes with challenges, but cases involving a claimant with a pre-existing injury can be especially challenging. The reason is simple—insurance companies are in the business of making profits. If they can find a way to dispute a claim or downplay the severity of an injury, they may try to do so.
Common pre-existing injuries that could become aggravated due to a car collision include:
- Back injuries
- Neck injuries
- Herniated discs
- Traumatic brain injuries
- Joint injuries
- Spinal cord injuries
- Prior fractures
- Soft tissue injuries
An insurance company may review your medical history to determine whether your symptoms existed before the collision. However, having a pre-existing injury does not necessarily prevent you from pursuing compensation when someone else’s negligence makes your condition worse.
How to Prove a Crash Worsened a Pre-Existing Injury
In 2025, South Carolina recorded approximately 136,044 traffic collisions that potentially involved serious injuries. Medical records from before and after the accident can help demonstrate changes in your symptoms, physical limitations, and treatment needs. Statements from treating physicians, diagnostic imaging, and evidence showing how the aggravated injury affects your daily life can also help establish the extent of the harm you suffered.
An injury lawyer can gather evidence from MUSC Health University Medical Center, Prisma Health Richland Hospital, HCA Healthcare Trident Hospital, or elsewhere before pursuing full compensation for the harm you endured.
Can an Insurance Company Deny a Claim Because of a Pre-Existing Injury?
The CDC reported in 2025 that 76.4% of U.S. adults—more than 194 million people—had at least one chronic health condition in 2023. An insurance company cannot deny a claim simply because you had a pre-existing injury or medical condition.
However, insurers may dispute whether the accident actually worsened your condition. Strong medical evidence and the support of an attorney can help establish the difference between your health before and after the collision.
Why You Should Hire a Car Accident Lawyer?
Whether you were struck while driving on King Street, Meeting Street, or another stretch of road in South Carolina, securing compensation for an injury that aggravated a pre-existing condition could be challenging if you do not hire a car accident lawyer to manage your case. Distracted driving caused 315,167 injuries in 2024, and proving negligence is just one of the steps you’ll have to complete before you can pursue compensation for your car accident case.
The outcome of a car accident case often depends on the strength of the evidence. Working with a car accident attorney can help you build a claim based on South Carolina’s car accident laws, so any legal arguments hold up in court. Lawyers are skilled negotiators and litigators who are focused on protecting your rights and interests.
Deas Law Firm represents clients whose accidents have aggravated pre-existing injuries or medical conditions. Our founding attorney has practiced law since 1996 and brings extensive trial experience to complex personal injury matters. Our legal team can review medical evidence, document how an accident changed your condition, and contest attempts by insurance companies to minimize the compensation you deserve.
FAQs
How Do You Prove Aggravation of a Pre-Existing Condition in South Carolina?
You can prove aggravation of a pre-existing condition in South Carolina by relying on medical records that show your symptoms and limitations before and after the collision. Diagnostic imaging, treatment records, and testimony from your doctors can help demonstrate that the accident worsened an existing injury or condition. Keeping records of new symptoms, increased pain, additional treatment, and changes in your daily activities can also help establish the extent of the aggravation.
How Do Insurance Companies Identify Pre-Existing Conditions in South Carolina?
Insurance companies typically rely on your own medical records when identifying pre-existing conditions in South Carolina. If you discuss your case with an insurer and disclose a prior injury, that could potentially be used to argue that your injury existed before the collision. An insurer may also request authorization to review relevant medical records as part of its investigation into the cause and extent of your injuries.
How Do Car Insurance Companies Determine Pre-Existing Damage in South Carolina?
Insurance companies determine pre-existing damage in South Carolina by reviewing evidence showing the condition of your vehicle before and after a collision. Previous insurance claims, repair records, photographs, vehicle inspection reports, and accident histories can help an adjuster distinguish older damage from damage caused by the current wreck. A repair estimate or inspection may also identify wear, prior repairs, or damage that is inconsistent with the recent collision.
Can You File a Claim for Aggravation of a Pre-Existing Injury in South Carolina?
Yes. You can file a claim for aggravation of a pre-existing injury in South Carolina, but you’ll need to back up that claim with evidence that ties the aggravation to the negligent driver. South Carolina law generally allows an injured person to seek damages when another party’s negligence worsens an existing condition. Medical evidence can help distinguish the aggravation caused by the collision from symptoms that existed beforehand.
Did an Accident Worsen a Pre-Existing Injury? Contact Deas Law Firm Today
If an accident aggravated a pre-existing injury, Deas Law Firm can help you understand your options for pursuing compensation. Our founding attorney brings more than 24 years of experience handling personal injury matters and extensive trial experience to his clients. He founded Deas Law Firm in 2004 to serve his hometown of Sumter and surrounding communities.
He now maintains memberships with the Sumter County Bar Association, American Bar Association, and Columbia Lawyers Association. Our firm can review your medical records, investigate how the accident affected your condition, and contest efforts by an insurance company to minimize your injuries. Contact Deas Law Firm today to schedule a free consultation and discuss your case.
