What Happens if a Car Accident Aggravates a Pre-Existing Injury?

 Posted on June 19, 2026 in Car Accidents

The trauma of a car accident may well cause an old injury to become more problematic. While you won’t recover compensation for the original condition itself, Maryland law allows you to be compensated for increased problems from an accident that you did not cause.

If you find yourself in greater pain after a car accident in 2026, an Allegany County, MD car accident lawyer can help you build a case that the accident contributed to your current condition.

Can I Recover Compensation for an Injury That a Car Accident Aggravates?

You can recover damages if another driver causes an accident that exacerbates an existing injury of yours. Something called the "eggshell plaintiff" rule may apply in such a case. This rule means that the person who caused the accident cannot argue that your injuries are more severe than expected because of your preexisting condition. They are responsible for all the damages the accident caused, regardless of whether you were more prone to injury than the average person.

A classic example of this is someone with chronic back problems who gets rear-ended. The crash might cause far more damage to them than to someone without the same condition. The law indicates that the at-fault driver owes the other person for the extra harm that was done.

How Do You Prove a Maryland Car Accident Made an Old Injury Worse?

Aggravation of an old injury is typically proven with medical documentation of your condition. This documentation may include:

• Medical records from before the accident that establish your baseline condition

• New imaging, exams, and treatment notes showing changes after the crash

• A doctor's written opinion that the accident worsened your condition

• A personal symptoms journal tracking how your condition and daily limits have changed

Prompt medical care after the accident is important for the strength of your case. A long period between a car wreck and follow-up medical care gives insurers the chance to argue that your condition wasn’t affected enough by the accident to merit medical attention.

How Does Maryland’s Fault Rule Affect Car Accident Claims?

Maryland's strict fault rule raises the stakes in injury claims, including car accidents involving a preexisting condition. Maryland is one of only a handful of states that still follows contributory negligence. This rule means that if you're found even one percent at fault for the accident, you can be barred from recovering any damages at all.

What Should I Do to Protect My Injury Claim After a Car Accident in Maryland?

Get medical care right away. Detail your medical history from before the accident if you do not see your primary care provider. Follow your treatment plan carefully. Failure to do so may indicate that the aggravation to your condition isn’t as severe as you claim it is.

Speak with a lawyer before giving a recorded statement to the other driver's insurer to make sure you don’t say anything that might be considered admitting fault. This is particularly important for claims where the evidence doesn’t make it completely clear who was at fault for the accident.

If you are not found to share fault for the accident, the other person’s insurance may offer you a fast settlement. This settlement may or may not account for the impact of the wreck on your long-term health. Avoid taking the first settlement you’re offered. It often is not representative of the damages you suffered. Instead, consult with your lawyer about what a fair payout would be.

Also, be sure to file within the deadline. Under Maryland Courts and Judicial Proceedings Code § 5-101, you generally have three years from the date of the accident to file a lawsuit.

Call Our Cumberland, MD Car Accident Lawyer Today

If you have questions about your injury case after a car accident, Serafini Law can help. Our Allegany County, MD personal injury attorney grew up in Hagerstown and is active in the local community. Every case is handled personally by Attorney Serafini. With more than 12 years of experience, he understands how to be supportive with clients and aggressive with insurance companies and other defendants.

We answer calls 24/7. We also work on a contingency fee basis, so you owe nothing unless we win. Call us at 240-744-1600 today for a free consultation.