Myrtle Beach Car Accident and Preexisting Injuries

A car accident can aggravate a preexisting injury, and a prior medical condition does not automatically prevent you from pursuing compensation in South Carolina. The key question is what changed because of the crash. The collision may have caused a new injury, worsened an existing condition, increased pain, created new limitations, or led to added medical treatment and financial losses.

McCutchen Vaught Geddie & Hucks, P.A. helps injured people in Myrtle Beach, South Carolina, evaluate car accident claims involving prior neck, back, joint, neurological, and other medical conditions. These claims often depend on a careful comparison of your health before and after the collision, supported by medical records, testimony, and other evidence.

A preexisting condition does not automatically defeat a car accident claim. The claim should focus on the new harm or measurable worsening caused by the collision.

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A Preexisting Injury Does Not Automatically Defeat Your Claim Myrtle Beach Car Accident and Preexisting Injuries

Insurance companies often ask about prior injuries because medical causation is a central part of a personal injury claim. If you had back pain, arthritis, a previous surgery, an old sports injury, or treatment after an earlier collision, an insurer may argue that your current symptoms came from the prior condition rather than the new crash.

A prior injury does not automatically prevent recovery. If another driver’s negligence aggravates an existing condition, you may be able to pursue compensation for the additional harm caused by that aggravation and for any separate injuries caused by the collision.

For more information about local accident claims, visit:

https://lawyersatthebeach.com/myrtle-beach-car-accident-lawyers/

What Does Aggravation Mean After a Car Accident?

Aggravation means that a condition that existed before the crash became worse because of the collision. The change may include greater pain, reduced motion, new numbness or weakness, more frequent symptoms, additional medication, new work restrictions, specialist care, injections, surgery, or a longer recovery.

Consider a driver who had occasional lower back soreness before a rear-end collision in Myrtle Beach. Before the crash, the driver could work, exercise, and rarely needed treatment. After the collision, the driver develops persistent pain that travels into a leg, misses work, and begins physical therapy. The earlier back problem still matters, but the difference between the pre-crash baseline and the post-crash condition may help show what the collision changed.

How South Carolina Law Treats Preexisting Conditions

South Carolina law generally allows an injured person to seek compensation for harm caused by a negligent party even when a preexisting condition made that person more susceptible to injury. The focus is on the harm the negligent conduct actually caused, including a proven aggravation of an existing condition.

This principle does not make every symptom after a crash compensable. You still need evidence connecting the collision to the new injury or the worsening of the prior condition. The defense may argue that some symptoms reflect the natural progression of the earlier condition rather than crash-related harm.

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Why Medical Records Before the Crash Can Help

People sometimes worry that prior medical records will damage their claim. In many cases, those records can help establish a baseline and show how your condition changed after the collision.

Pre-accident records may show that:

  • Your condition was stable before the crash.
    • Your symptoms were mild or occasional.
    • You were not under work restrictions.
    • You had not needed recent injections, surgery, or specialist treatment.
    • Your physical activity and daily routine were different before the collision.

Post-accident records may then show that:

  • Your pain became more frequent or severe.
    • You developed new symptoms or limitations.
    • You needed additional diagnostic testing.
    • You began physical therapy, injections, specialist care, or another form of treatment.
    • You missed work or received new work restrictions.
    • Your ability to complete normal daily activities changed.

Accuracy is critical. Tell your doctor, insurer, and attorney about prior injuries and treatment that relate to the condition at issue. An incomplete medical history can create a credibility dispute that may be more damaging than the preexisting condition itself.

For practical information about the claim process, visit:

https://lawyersatthebeach.com/blog/step-by-step-guide-to-filing-a-car-accident-claim-in-south-carolina/

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What Evidence Can Show That the Crash Made Your Condition Worse?

The strongest evidence depends on the facts, the diagnosis, and the treatment history. A useful record often includes medical and nonmedical proof that shows your condition before the collision and the changes that followed.

Evidence may include:

  • Medical records from before and after the collision
    • Imaging studies and diagnostic reports
    • Physician notes describing changes in symptoms or function
    • Physical therapy and specialist records
    • Prescription histories
    • Work restrictions and wage documentation
    • Statements from people familiar with your abilities before and after the crash
    • Photographs or videos showing changes in mobility or activity
    • The police collision report
    • Vehicle photographs
    • Dash camera or surveillance footage
    • Other evidence showing how the collision occurred

A treating physician or another qualified medical professional may be asked to address whether the collision caused a new condition or aggravated an existing one. The medical evidence required will depend on the diagnosis, prior treatment, new treatment, and issues disputed by the insurer or defense.

For information about injury cases beyond automobile collisions, visit:

https://lawyersatthebeach.com/myrtle-beach-personal-injury-attorneys/

Why Insurance Companies Scrutinize Preexisting Conditions

A preexisting injury gives an insurer another causation issue to investigate. An adjuster may request older medical records, compare prior complaints with current symptoms, question gaps in treatment, or argue that imaging reflects age-related or degenerative changes instead of crash-related harm.

An insurer may also request a medical authorization. Before signing a broad authorization, review what records it allows the insurer to obtain and whether the request relates to the injuries being claimed. Medical history can be relevant, but the scope and purpose of the request still matter.

An early settlement offer can also create concerns when your condition has recently worsened. You may not yet know whether you will need months of therapy, specialist treatment, injections, surgery, or lasting work restrictions. A signed release can waive further claims covered by its terms, so you should understand the scope of the release before accepting a final settlement.

What Compensation May Be Available for an Aggravated Injury?

Compensation depends on the losses that can be connected to the crash, the evidence supporting those losses, available insurance coverage, and the degree of fault assigned to each party.

Depending on the facts, a claim may seek compensation for:

  • Accident-related medical treatment
    • Additional treatment required because the condition worsened
    • Reasonably supported future medical care
    • Lost wages
    • Reduced earning capacity
    • Physical pain and limitations
    • Loss of normal activities or enjoyment of life
    • Other documented losses recognized under South Carolina law

The purpose of the claim is not to make the at-fault party responsible for medical problems that the collision did not cause. The purpose is to identify and document the difference between your condition before the accident and the harm caused by the accident.

How Comparative Fault Can Affect the Claim

Medical causation and accident fault are separate questions. Even when medical evidence shows that a collision worsened a condition, the parties may still disagree about who caused the crash.

South Carolina follows a modified comparative negligence rule. In general, an injured person may recover damages when that person’s share of fault does not exceed 50 percent. The recovery may be reduced by the percentage of fault assigned to the injured person. A person found more than 50 percent at fault is generally barred from recovering damages.

Evidence that may help resolve fault includes:

  • Photographs of the vehicles and roadway
    • Witness statements
    • Dash camera footage
    • Surveillance video
    • Vehicle data
    • The police collision report
    • Measurements, debris patterns, and other physical evidence

If your accident occurred in Horry County, visit:

https://lawyersatthebeach.com/personal-injury-attorneys-in-horry-county-sc/

What Should You Do If You Already Had an Injury?

Your health should come first. Seek medical care when needed and describe your prior condition accurately. Tell your medical provider what symptoms existed before the crash, what changed afterward, and how the new or worsened symptoms affect work, sleep, mobility, household tasks, recreation, and other activities.

You can also take practical steps to preserve information about the claim:

  • Keep appointment summaries, bills, imaging reports, medication records, and work notes.
    • Save photographs, videos, and insurance correspondence.
    • Keep copies of prior medical records that help show your pre-crash baseline.
    • Write down changes in symptoms while the details remain fresh.
    • Follow reasonable treatment recommendations and medical restrictions.
    • Avoid exaggerating or minimizing your limitations.
    • Keep your description of your pre-crash and post-crash condition accurate and consistent.

A clear record can help distinguish a longstanding condition from the additional harm caused by the collision.

How Long Do You Have to File a South Carolina Car Accident Lawsuit?

South Carolina generally applies a three-year limitations period to many personal injury lawsuits. Different deadlines, notice requirements, and procedures may apply depending on the parties and circumstances, including claims involving governmental entities.

A filing deadline is not the only reason to act promptly. Waiting can make an aggravation claim harder to document because medical records may become more difficult to organize, witnesses may be harder to locate, surveillance recordings may be overwritten, and vehicles may be repaired or disposed of.

How a Myrtle Beach Car Accident Lawyer Can Help

A lawyer can review prior and current medical records, identify evidence that shows your pre-crash baseline, communicate with insurers, preserve collision evidence, evaluate available insurance coverage, document wage loss, and work with medical professionals when causation is disputed.

Legal counsel can also review settlement terms, evaluate whether an offer accounts for the aggravation of an existing condition and any new injuries, and explain how South Carolina law may apply to the specific facts of your case.

Speak With a Myrtle Beach Car Accident Lawyer About an Aggravated Injury

If a Myrtle Beach car accident worsened an injury or medical condition you already had, McCutchen Vaught Geddie & Hucks, P.A. can review the collision, your medical history, available insurance coverage, and the evidence that may help show what changed after the crash.

The firm offers free consultations for personal injury matters and serves clients in Myrtle Beach, Horry County, and nearby South Carolina communities.

Call (843) 277-1667

Or visit:

https://lawyersatthebeach.com/contact-us/

This article is for general informational purposes only and is not legal advice. Reading this article does not create a lawyer-client relationship. Consult an attorney about your specific situation.


Luther O. McCutchen, III Avatar

Luther O. McCutchen, III

Attorney University Of South Carolina School Of Law, South Carolina State Bar

Luther O. McCutchen, III, one of the firm’s founding principals, has been practicing law since the 1970s. He has extensive experience representing homeowners and property owners associations and is a recognized advocate on HOA matters. He counsels in the areas of document interpretation and enforcement and construction-defect litigation.