A pre-existing injury does not prevent you from seeking compensation after a car accident in New Jersey. Under New Jersey personal injury law, accident victims are entitled to damages if a accident worsens an existing injury or medical condition. This legal principle is known as the "Eggshell Plaintiff Doctrine," meaning that an at-fault driver is responsible for any aggravation of a pre-existing condition caused by the accident.
In fact, before jury deliberations, New Jersey judges specifically instruct jurors that accident victims can recover compensation even if they had prior injuries, as long as the accident made their condition worse. This is a key legal protection for those who already suffer from medical conditions such as:
✔ Herniated or bulging discs
✔ Back, neck, or spinal injuries
✔ Knee, shoulder, or joint issues
✔ Arthritis or degenerative conditions
✔ Previous fractures or orthopedic surgeries
✔ Chronic pain conditions
Insurance Company tactics to deny claims
Insurance companies routinely try to use an accident victim's past medical history against them. They have access to nationwide databases that track:
🔍 Your prior insurance claims
🔍 Previous car accidents or injuries
🔍 Medical records related to past conditions
🔍 Driving history, including violations
They will try to argue that your injuries existed before the accident and were not caused or worsened by the crash. Their goal is to reduce your compensation or deny your claim altogether.
How to Protect Your Injury Claim
To protect your rights and ensure a strong claim, you should:
✔ Be Honest About Your Medical History – Hiding past injuries can hurt your credibility.
✔ Seek Immediate Medical Attention – Your doctor must document that the accident worsened your condition.
✔ Avoid Speaking with Insurance Adjusters – They will use your words against you. Let your lawyer handle all communication.
✔ Hire an Experienced New Jersey Car Accident Lawyer – A skilled attorney will counter insurance company tactics and fight for the full compensation you deserve.
What If I've Been in a Previous Car Accident?
A past car accident or insurance settlement does not prevent you from filing a new claim if another driver was at fault. However, New Jersey follows a modified comparative negligence rule (N.J.S.A. § 2A:15-5.1), which means:
- You can recover damages as long as you were not more than 50% at fault for the crash.
- If you were partially at fault, your compensation will be reduced by your percentage of fault.
- If you were 51% or more at fault, you cannot recover damages.
How Khorozian Law Group Can Help You Win Your Case
At Khorozian Law Group, we specialize in fighting insurance companies and protecting the rights of accident victims throughout New Jersey. The Khorozian Law Group has won millions of dollars for clients who were injured due to negligent drivers.
We handle all types of motor vehicle accident claims, including:
🚗 Car Accidents – Including rear-end collisions, T-bone crashes, and highway accidents.
🚛 Truck Accidents – Cases involving 18-wheelers, delivery trucks, and commercial vehicles.
🏍 Motorcycle Accidents – Protecting the rights of injured motorcyclists.
🚶 Pedestrian & Bicycle Accidents – Holding reckless drivers accountable.
🚖 Uber & Lyft Accidents – Securing compensation in rideshare accident cases.
We work tirelessly to ensure that you receive the maximum compensation for:
💰 Medical Bills – Including emergency care, surgeries, rehab, and long-term treatment.
💰 Lost Wages & Future Earnings – If your injuries prevent you from working.
💰 Pain & Suffering – For the physical and emotional distress caused by the accident.
💰 Property Damage – To cover car repairs or replacement.
💰 Wrongful Death Claims – For families who have lost a loved one in a fatal crash.
New Jersey Car Accident Lawyers Serving All Counties
Khorozian Law Group proudly represents clients throughout New Jersey, including:
✅ Hudson County (Jersey City, North Bergen, Union City, West New York, Guttenberg)
✅ Essex County (Newark, East Orange, Union, Irving, Bloomfield)
✅ Bergen County (Hackensack, Fort Lee, Fair Lawn, Englewood, Paramus, Teaneck)
✅ Passaic County (Paterson, Clifton, Passaic)
✅ Middlesex County (New Brunswick, Edison, Woodbridge)
✅ Union County (Elizabeth, Linden, Plainfield)
✅ Morris County (Morristown, Rockaway, Randolph, Parsippany, Dover)
Call for a free consultation at (201) 944-9200