Updated: October 13, 2026
| Quick Answer: A pre-existing condition does not prevent you from making a South Carolina car accident claim. If a collision causes a new injury or makes an existing condition worse, you may be able to recover damages for the additional harm caused by the accident. The claim will depend in part on showing what your condition was like before the crash, what changed afterward, and how the accident contributed to that change. |
Suppose you had back pain before a crash, but afterward the pain became significantly worse, you needed additional treatment, your mobility was reduced, or you could no longer work. You may still be able to recover compensation for the way the accident made things worse.
South Carolina recognizes the principle that a person who causes an injury may be responsible for the harm caused even when the injured person had a pre-existing vulnerability. However, having a pre-existing condition can make a claim more complicated because an insurance company may argue that your symptoms or medical expenses were caused by your prior condition rather than the accident.
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In this guide, we explore how a pre-existing condition can affect motor vehicle accident claims in South Carolina, what may support an aggravated injury settlement, and how insurers may challenge these claims.
What Counts as a Pre-Existing Condition?
A pre-existing condition is a health problem, injury, or symptom that existed before the accident occurred. This can include chronic conditions, previous injuries, or conditions that have developed over time.
Examples include:
- Previous back or neck injuries
- Arthritis or degenerative conditions
- Previous fractures
- Spinal disc problems
- Chronic pain
- Previous traumatic brain injuries
- Old sports injuries
- Other chronic medical conditions.
A pre-existing condition may be aggravated or re-triggered by a new accident. A collision can also cause a new injury alongside an existing condition.
For a personal injury claim, it may be necessary to distinguish between symptoms or limitations that existed before the accident and additional harm that occurred afterward.
Does a Pre-Existing Condition Have to Be Disclosed?
You should provide your healthcare providers with an accurate medical history, including previous injuries and medical conditions. Do not attempt to conceal or minimize a pre-existing condition.
Your healthcare provider needs an accurate history to assess your symptoms and treatment appropriately. It can also help demonstrate how your condition changed following the accident.
How Does a Pre-Existing Condition Affect Compensation?
You are not necessarily claiming damages for the entire pre-existing condition. Instead, the focus is on the harm and losses attributable to the accident, including additional harm resulting from the aggravation of an existing condition.
For example:
|
Before the accident |
After the accident |
|
Occasional pain |
Constant or more severe pain |
|
No treatment |
New treatment |
|
Able to work |
Missed work, or work restrictions |
|
Normal mobility |
Reduced mobility |
|
No medication |
Increased medication |
|
Stable condition |
Additional diagnosis or treatment |
The value of a car accident settlement will depend on the injuries and losses caused by the accident.
Depending on the circumstances, damages in a South Carolina personal injury claim may include medical expenses, lost income, compensation for pain and suffering, and other legally recoverable losses.
What Is the Eggshell Plaintiff Rule in South Carolina?
A key principle in South Carolina law is the “Eggshell Plaintiff Rule,” also known as the Eggshell Skull Rule. The principle means that a defendant takes a plaintiff as they find them. If a person is more susceptible to injury because of a pre-existing condition, that vulnerability does not necessarily remove the defendant’s responsibility for harm caused by the accident.
South Carolina case law has recognized this principle in cases involving the aggravation of pre-existing conditions.
In Waring v. Johnson, the South Carolina Court of Appeals considered an automobile accident involving a plaintiff with pre-existing degenerative conditions. The court applied the principle that a defendant takes a plaintiff as they find them and recognized recovery for damages resulting from aggravation of a pre-existing condition.
A subsequent South Carolina Court of Appeals decision also cited Waring for the proposition that a defendant takes the plaintiff as they find them and that a plaintiff may recover damages resulting from aggravation of a pre-existing condition.
The existence of a pre-existing condition does not mean that every subsequent symptom or medical expense will be attributed to the accident. The question is whether the collision caused or contributed to the additional injury, symptoms, disability, or other damages being claimed.
South Carolina’s Fault and Comparative Negligence Rules
Under South Carolina law, vehicle accident claims are governed by a fault-based system. To establish a personal injury claim, a claimant generally needs to show that another party was negligent and that the negligence caused the accident and resulting injuries or damages.
South Carolina also applies comparative negligence rules in personal injury cases. If the injured person is found partially responsible for the accident, that finding can affect the amount of damages recoverable. The specific application depends on the facts of the case.
How Do You Prove an Accident Aggravated a Pre-Existing Condition?
A claim involving an aggravated condition may involve evidence from three stages: before the accident, the collision itself, and what changed afterward.
Before the Accident
- Medical records
- Previous diagnoses
- Previous symptoms
- Treatment history
- Medication
- Work or activity limitations.
The Accident
- Police or incident report
- Photos and video
- Witness evidence
- Mechanism of impact
- Immediate symptoms.
After the Accident
- Emergency room or doctor’s records
- Diagnostic imaging
- New diagnoses
- Increased medication
- Physical therapy
- Surgery
- Work restrictions
- Changes in daily activities.
Together, this information can help demonstrate the progression from the person’s pre-accident condition to the symptoms, treatment, and limitations experienced after the collision.
Examples of evidence that may help establish these changes include:
|
Evidence |
What it may help establish |
|
Medical records before the accident |
Prior symptoms, diagnoses, and treatment |
|
Medical records after the accident |
Changes in symptoms, diagnosis, or treatment |
|
Diagnostic imaging |
Physical findings or changes |
|
Physician opinions |
Whether the accident caused or aggravated the condition |
|
Treatment history |
Increased treatment or rehabilitation |
|
Prescription records |
Changes in medication |
|
Employment records |
Missed work, reduced hours, or restrictions |
|
Symptom timeline |
How and when symptoms changed after the collision |
|
Photographs or videos |
Visible injuries, or physical limitations |
|
Witness testimony |
Changes in mobility or daily activities |
Our personal injury attorneys in Greenville, SC, can review the circumstances of an accident and the available information to assess whether it supports a claim that the collision aggravated an existing condition.
Contact us for a free case evaluation
Is There a Time Limit for a South Carolina Car Accident Claim?
South Carolina provides a three-year limitations period for actions for injury to the person under S.C. Code § 15-3-530 and S.C. Code § 15-3-535, although different rules and exceptions can apply depending on the circumstances.
Because deadlines can depend on the parties involved and the specific facts of a case, anyone considering a claim should obtain advice about the applicable deadline rather than relying on the general three-year period.
How Can an Insurance Company Challenge a Pre-Existing Condition Claim?
An insurer may dispute whether:
- The accident caused the claimed injury
- The accident actually aggravated the prior condition
- Symptoms were already present before the collision
- Treatment was necessary because of the accident
- The accident caused the claimed amount of lost income
- Some portion of the claimed damages relates to the underlying condition rather than the accident.
An insurance company may argue that some or all of the symptoms, treatment, or losses would have occurred regardless of the collision. It may also question whether the accident caused a measurable change in the person’s condition.
If you are dealing with an insurance company after a crash in Greenville, speaking with a Greenville, SC car accident attorney can help you understand your options and how the evidence may affect your claim.
What Should You Avoid After a Car Accident If You Have a Pre-Existing Condition?
If you have a pre-existing condition, avoid:
- Delaying necessary medical treatment.
- Giving an incomplete or inaccurate medical history.
- Exaggerating or minimizing symptoms.
- Ignoring your healthcare provider’s treatment recommendations.
- Assuming a pre-existing condition means you cannot make a claim.
- Discarding medical bills, appointment records, or other documentation.
- Agreeing to a settlement without understanding what claims and damages it resolves.
Frequently Asked Questions
Yes. Having a pre-existing condition does not prevent you from pursuing a personal injury claim. A claim may involve a new injury, aggravation of an existing condition, or both.
Potentially. South Carolina courts have recognized recovery for damages resulting from the aggravation of a pre-existing condition. The circumstances of the accident and the resulting harm will determine what damages may be recoverable.
A pre-existing condition can affect how the injuries and losses are assessed. The focus is on the harm attributable to the accident, including any additional pain, treatment, disability, lost income, or other losses resulting from an aggravated condition.
The eggshell plaintiff principle means that a defendant may be responsible for harm caused to a plaintiff even when the plaintiff had a pre-existing vulnerability that made the resulting injury more serious. South Carolina case law has applied this principle to aggravation of pre-existing conditions.
A claim may be supported by evidence showing your condition before the accident, what happened during the collision, and how your symptoms, treatment, or limitations changed afterward.
Useful evidence can include medical records from before and after the collision, diagnostic imaging, treatment records, physician opinions, prescription records, and documentation of changes in symptoms or physical limitations.
Yes. Your healthcare provider should have an accurate medical history to evaluate your symptoms and treatment appropriately. This can also help establish the timeline of your condition and any changes following the accident.
An insurer may scrutinize your medical history when assessing a claim and may dispute whether the accident caused or aggravated your symptoms. This makes before-and-after medical evidence particularly important.
Speak With a Greenville, South Carolina Car Accident Lawyer
If a car accident has made an existing injury or medical condition worse, you may have questions about your rights and whether you can seek compensation for the additional harm.
The Clardy Law Firm can review the circumstances of your accident, your medical history, and the evidence available in your case. We can also explain the legal options available to you under South Carolina law.
Call The Clardy Law Firm at 864-233-8888 to discuss your case or schedule a free consultation.
