Injured in Buffalo? Don’t Let Insurance Companies Blame Your Past.

They Will Dig Up Your Past—Don’t Let Them Cheat You.

You got hurt. You’re in pain. And now the insurance company is acting like your pre-existing condition means they don’t have to pay? That’s a lie. 

If someone else’s negligence made your condition worse, you have every right to fight for compensation. But guess what? The insurance company is banking on you not knowing that.

We know exactly how these companies operate. The personal injury lawyers at Horn Wright, LLP, has fought for countless clients, ensuring they don’t fall victim to insurance company tactics. 

We’ve taken on their tactics before. Don’t let them use your past against you. You deserve real compensation, and our top law firm in Buffalo is here to help you get it.

The Eggshell Plaintiff Rule—Why Your Pre-Existing Condition Doesn’t Let Them Off the Hook

There’s a legal principle called the Eggshell Plaintiff Rule, and it’s a game-changer for your case. 

It basically says that whoever caused the accident has to take you as they find you. If you had a pre-existing condition that made you more vulnerable to injury, that’s their problem, not yours. They’re still responsible for making your condition worse.

Say you already had a bad back, but now, thanks to the accident, you can barely walk. The at-fault party is still on the hook. They can’t use your medical history to dodge responsibility. 

The law protects you—even if the insurance company tries to convince you otherwise.

New vs. Aggravated Injuries—Know What You’re Fighting For

Insurance companies love to muddy the waters when it comes to your injuries. But there’s a big difference between new injuries and aggravated injuries, and both deserve compensation.

• New injuries – If you had zero neck pain before the accident but now you’ve got herniated discs, that’s a new injury caused by the crash. According to the National Institutes of Health, car accidents are a top cause of spinal injuries.
• Aggravated injuries – If you had arthritis in your knee but could still walk fine, and now, after the crash, you can’t even stand without pain—that’s an aggravated injury. Trauma can speed up joint deterioration.

Insurance companies will do anything to twist the facts. That’s why strong medical records and legal backup matter.

Medical Records Are Your Power Move—Here’s How to Use Them

If there’s one thing the insurance company hates, it’s hard evidence. And that’s exactly what your medical records provide. They prove that your condition got worse because of the accident, not just because of time or aging.

Keep Your Medical Records Tight—It Could Make or Break Your Case

One of the worst things you can do? Skip medical visits or delay treatment after an accident. Insurance companies will use that against you. They’ll claim you weren’t really hurt or that your pain has nothing to do with the crash.

• See a doctor immediately – Even if the pain feels minor, get checked out. Delayed medical care can lead to worse long-term outcomes.
• Follow through on treatment – Don’t just go once. Keep up with your physical therapy, specialist visits, or any additional care. Consistent follow-ups improve recovery.
• Document everything – Write down your pain levels, struggles, and daily limitations.
• Make sure everything is in your medical records – If your doctor doesn’t note your pain and limitations, the insurance company will act like they don’t exist.

A strong paper trail makes it nearly impossible for the insurance company to deny the truth.

The Insurance Industry’s Dirtiest Trick—Weaponizing Your Medical History

Insurance companies don’t just review your latest medical records. Oh no, they go way back, digging through your history, looking for anything they can use against you. It’s one of their go-to tricks, and they’re really good at it.

Sneaky Insurance Tactics You Need to Watch Out For

• Blaming your pre-existing condition – They’ll say your pain isn’t from the accident but from an old injury.
• Cherry-picking your medical records – They’ll focus on a minor injury from years ago while ignoring new reports that show the accident made things worse.
• Pressuring you into a quick settlement – They’ll dangle a lowball offer, hoping you’ll take it before you realize how bad your injuries really are.
• Surveillance and social media snooping – They might follow you or scour your posts, hoping to find a picture of you smiling so they can argue you’re not actually hurt.

How to Stay Ahead of Their Dirty Tricks

• Never give a recorded statement – They’ll twist your words.
• Don’t sign broad medical release forms – They don’t need access to your entire health history.
• Keep communication minimal – Anything you say can (and will) be used against you.
• Get a lawyer who knows how to shut them down – If you’re dealing with car accident, workplace injury , or even a medical malpractice case, having the right personal injury law firm makes all the difference.

Fighting Back and Winning—Here’s How You Prove Your Case

To get the compensation you deserve, you need to prove beyond a doubt that the accident made your condition worse. Here’s what helps:

• Medical testimony – Your doctor can confirm the accident aggravated your condition.
• Before-and-after medical records – Showing clear differences in your health pre- and post-accident.
• Expert opinions – Specialists can break down the exact impact of the accident.
• A personal injury journal – Patient-reported pain logs are crucial for assessing injury severity.

This isn’t just about proving your injury—it’s about holding the at-fault party accountable for what they’ve done to your health.

Buffalo’s Laws Are on Your Side—Know Your Rights!

New York law is clear: If someone’s negligence made your condition worse, you can fight back and win. 

The state follows comparative negligence laws, meaning even if you were partially at fault, you can still recover damages. And thanks to state regulations, insurance companies are required to act in good faith—though that doesn’t stop them from trying to bend the rules.

Our Buffalo personal injury lawyers at Horn Wright, LLP, have seen every insurance scam out there.  One of the best law firms in America is ready to take on your case and make sure you get every dollar you’re owed.

If you’re dealing with an insurance company that’s trying to lowball or deny your claim, don’t fight them alone.  Let’s hold them accountable—together. 

Get started today. Contact our office for your free, no-obligation consultation.