Key Takeaway
Learn how pre-existing conditions affect NY personal injury cases. Expert legal guidance for Long Island accidents. Call 516-750-0595 for free consultation.
Understanding Pre-Existing Injuries in New York Personal Injury Claims
If you’ve been injured in an accident in New York but had pre-existing medical conditions, you may wonder whether you can still pursue a personal injury claim. The landmark case Dixon v Kone, 2019 NY Slip Op 02041 (1st Dept, 2019) provides crucial insight into how New York courts handle these complex situations.
The Dixon v Kone Case: A Critical Precedent
In Dixon v Kone, the plaintiff had previously undergone fusion surgery in his cervical spine and had significant degenerative disc disease that was documented in MRIs and CT scans performed seven years before the accident. The defendants successfully argued that the plaintiff’s current symptoms were related to these pre-existing conditions rather than the motor vehicle accident.
As the court noted: “Defendants submitted, among other things, plaintiff’s deposition testimony, acknowledging that he previously had fusion surgery in his cervical spine, and reports of their radiologist who, consistent with plaintiff’s own radiologists, found that MRIs and CT scans performed approximately seven years before the accident showed significant degenerative disc disease in his cervical and lumbar spine.”
The Expert Medical Opinion Requirement
The critical failing in the Dixon case was the plaintiff’s expert medical testimony. The court emphasized: “Although the physician acknowledged plaintiff’s prior surgery, preexisting degenerative conditions, and continuing pre-accident treatment, he failed to explain why plaintiff’s alleged injuries were not caused by the preexisting conditions, or to provide any basis for finding an aggravation of those injuries.”
How Pre-Existing Conditions Affect Your New York Personal Injury Case
The “Aggravation” Standard
In New York personal injury law, having a pre-existing condition doesn’t automatically bar you from recovery. However, you must prove that the accident either:
- Caused new, distinct injuries separate from your pre-existing condition
- Significantly aggravated or worsened your pre-existing condition
- Accelerated the progression of your pre-existing condition
This is where proper medical documentation and expert testimony become essential. Your attorney must work with medical experts who can clearly differentiate between your pre-accident condition and any changes caused by the incident.
Common Pre-Existing Conditions in Personal Injury Cases
Some of the most frequently encountered pre-existing conditions in New York personal injury cases include:
- Degenerative disc disease – As seen in Dixon v Kone
- Arthritis and joint problems
- Previous back or neck injuries
- Prior surgical procedures
- Chronic pain conditions
- Mental health conditions like depression or anxiety
Building a Strong Case Despite Pre-Existing Conditions
Essential Medical Evidence
To successfully pursue a personal injury claim with pre-existing conditions, your legal team must gather comprehensive medical evidence, including:
- Pre-accident medical records documenting your baseline condition
- Post-accident medical records showing changes in your condition
- Expert medical testimony explaining the connection between the accident and your current symptoms
- Imaging studies (MRIs, CT scans, X-rays) comparing before and after the incident
The Importance of Immediate Medical Attention
If you’re involved in an accident and have pre-existing conditions, seeking immediate medical attention is crucial. This creates a timeline that can help distinguish between your pre-existing symptoms and any new or worsened conditions caused by the accident.
New York No-Fault Insurance and Pre-Existing Conditions
New York’s no-fault insurance system adds another layer of complexity to cases involving pre-existing conditions. Under New York’s no-fault law, you’re entitled to basic economic benefits regardless of fault, but insurance companies often scrutinize claims involving pre-existing conditions more closely.
Threshold Injury Requirements
To pursue a lawsuit beyond no-fault benefits in New York, you must demonstrate a “serious injury” as defined by Insurance Law § 5102(d). Pre-existing conditions can complicate this determination, as insurance companies and defendants may argue that your limitations are due to your pre-existing condition rather than the accident.
Common Defense Strategies in Pre-Existing Condition Cases
Causation Challenges
Defense attorneys and insurance companies commonly employ several strategies when pre-existing conditions are involved:
- Arguing no new injury – Claiming all symptoms existed before the accident
- Minimizing accident severity – Suggesting the incident wasn’t significant enough to cause injury
- Highlighting gaps in treatment – Using treatment delays to argue against causation
- Emphasizing natural progression – Claiming worsening is due to age or disease progression
Medical Record Scrutiny
Defense teams will thoroughly examine your medical history, looking for evidence that contradicts your claims. This is why having experienced legal representation is essential – your attorney must be prepared to address these challenges proactively.
How an Experienced Personal Injury Attorney Can Help
When dealing with pre-existing conditions in a personal injury case, having skilled legal representation is crucial. An experienced attorney will:
- Work with qualified medical experts who can clearly explain the relationship between your accident and current condition
- Gather comprehensive medical evidence from before and after the accident
- Develop a clear timeline of your symptoms and treatment
- Counter defense arguments effectively with proper documentation and expert testimony
- Navigate no-fault insurance requirements and threshold injury determinations
Frequently Asked Questions
Can I still file a personal injury lawsuit if I have pre-existing conditions?
Yes, having pre-existing conditions doesn’t automatically prevent you from filing a lawsuit. However, you must be able to prove that the accident caused new injuries or significantly aggravated your existing conditions. The key is having proper medical documentation and expert testimony to establish this connection.
What if my pre-existing condition was asymptomatic before the accident?
If you had a pre-existing condition that wasn’t causing symptoms before the accident, you may have a stronger case. For example, if you had degenerative disc disease that wasn’t bothering you, but the accident caused it to become symptomatic, you could potentially recover damages.
How do insurance companies handle claims involving pre-existing conditions?
Insurance companies often scrutinize these claims more closely and may attempt to deny coverage by arguing that your current symptoms are related to your pre-existing condition rather than the accident. Having proper medical documentation and legal representation is essential to counter these arguments.
What’s the difference between aggravation and natural progression of a pre-existing condition?
Aggravation refers to worsening of a condition due to the accident, while natural progression is worsening that would have occurred anyway due to age or disease. Medical experts must be able to distinguish between these two scenarios to establish a valid claim.
How long do I have to file a lawsuit if I have pre-existing conditions?
New York’s statute of limitations for personal injury cases is generally three years from the date of the accident, regardless of whether you have pre-existing conditions. However, there may be exceptions, so it’s important to consult with an attorney promptly.
Taking Action: Next Steps for Your Case
If you’ve been injured in an accident and have pre-existing medical conditions, don’t let this discourage you from seeking the compensation you deserve. The key is working with experienced legal and medical professionals who understand how to build a strong case despite these challenges.
Remember that each case is unique, and what happened in Dixon v Kone doesn’t mean all cases involving pre-existing conditions will fail. With proper preparation, medical evidence, and legal representation, it’s possible to achieve a successful outcome even when dealing with complex medical histories.
The most important step is to act quickly. Medical evidence can deteriorate over time, and New York’s statute of limitations puts a firm deadline on when you can file your lawsuit.
Call 516-750-0595 for a free consultation with our experienced Long Island personal injury attorneys. We’ll review your case, help you understand your rights, and develop a strategy to pursue the compensation you deserve – regardless of any pre-existing conditions you may have.
Legal Update (February 2026): Since this post’s publication in 2019, New York Insurance Law § 5102 and related no-fault insurance provisions may have been amended, particularly regarding serious injury thresholds and medical documentation requirements for pre-existing condition cases. Additionally, appellate decisions subsequent to Dixon v Kone may have further refined the standards for expert medical testimony in cases involving pre-existing injuries. Practitioners should verify current statutory language and recent case law developments when handling similar causation issues.
