Pre-Existing Conditions and Personal Injury Claims in Delaware

When someone suffers an accident in Delaware, whether on I-95 near Wilmington, at the Rehoboth Beach boardwalk, or along Route 1, insurance companies often try to minimize payouts by pointing to a person’s medical history. If you had an injury before the accident, the insurer may argue your current pain isn’t related to the crash.

However, Delaware law recognizes that new accidents can worsen old injuries, and you may still have the right to recover damages. A knowledgeable Delaware personal injury lawyer from Edelstein Martin & Nelson can help prove your case and fight back against unfair denials.

How Pre-Existing Conditions Affect Claims

A pre-existing condition lawsuit doesn’t mean you’re automatically disqualified from recovery. In fact, Delaware law follows what’s often called the “eggshell plaintiff rule,” which means a defendant takes the victim as they find them. If you’re more susceptible to injury because of a prior condition, the at-fault party is still responsible for the harm caused.

For example, if you had a back injury from years ago and were later involved in a prior injury car accident on Concord Pike, the negligent driver could still be liable if the crash aggravated your spine condition. What matters is the distinction between your old baseline and the new level of pain or disability after the accident.

Common Pre-Existing Conditions Impacted by Accidents

Accidents in Delaware often worsen old injuries or underlying medical conditions. Some of the most frequent scenarios include:

• Spinal injuries: Herniated discs, degenerative disc disease, or prior back surgeries made worse by rear-end crashes on Kirkwood Highway or at busy Wilmington intersections.
• Joint injuries: Pre-existing knee or shoulder issues aggravated by slip-and-falls in Newark shopping centers or parking lots.
• Head trauma: Old concussions or migraines intensified after new head injuries, such as collisions on the Coastal Highway.

Proving That an Accident Worsened a Condition

The most critical element in these cases is showing that the accident aggravated or accelerated the pre-existing issue. This often requires strong medical evidence, including:

• Comparative records: Medical documentation from before and after the accident to demonstrate a clear change.
• Physician testimony: Doctors who can explain how the accident directly worsened the condition.
• Diagnostic tests: Updated imaging or exams showing progression or new injury after the crash.

This evidence can establish that the injury worsened by a crash is directly tied to the defendant’s negligence.

Insurance Company Tactics

Insurance companies frequently argue that all your pain is simply part of your prior condition. They may comb through years of medical records to find evidence of old complaints. A skilled attorney can counter these tactics by carefully presenting evidence that highlights the difference between your prior status and your current limitations.

In some cases, insurers may even suggest that because you were already injured, you deserve less compensation. Delaware law disagrees; the law ensures that negligent parties are responsible for the harm they cause, even if it worsens a vulnerable plaintiff’s condition.

Steps You Can Take to Protect Your Claim

If you have a pre-existing condition and were hurt in a Delaware accident, there are practical steps you can take to protect your rights:

• Tell your doctor everything: Be honest about your medical history so they can document how your symptoms changed after the incident.
• Keep detailed records: Maintain notes about your pain levels, daily limitations, and how they differ from before the crash.
• Follow through with treatment: Skipping appointments or failing to follow medical advice gives insurers an excuse to deny your claim.

Why Local Experience Matters

Delaware courts in Wilmington, Dover, and Georgetown see cases involving pre-existing conditions regularly. Judges and juries here understand that many residents, whether working long hours at the Port of Wilmington or commuting daily on Delaware’s highways, live with ongoing health issues. What they look for is clear, credible evidence that the accident made things worse.

A Delaware personal injury lawyer with local knowledge can frame your case effectively, using both medical proof and personal testimony about how your daily life has changed.

Talk to a Lawyer from Edelstein Martin & Nelson

Having a pre-existing condition doesn’t bar you from pursuing a personal injury claim in Delaware. The key is showing that your accident aggravated your prior injury, leaving you with greater pain, medical costs, or loss of function than before. With the right legal guidance, you can hold negligent parties accountable and secure the compensation you need to move forward.

If you or a loved one had a pre-existing condition lawsuit after an accident in Delaware, don’t let the insurance company dismiss your case. An experienced Delaware personal injury lawyer at Edelstein Martin & Nelson can help prove that your injury, worsened by a crash, deserves fair compensation. Call (302) 295-5050 today for a free consultation and protect your rights.