Preexisting Conditions and Car Accidents: How to Protect Your Claim

If you already had a medical condition before a car accident, proving your case can be more complex than you might expect. On March 19, 2025, the New Jersey Appellate Division decided Williams-Siraj v. Schwartz, a case that shows how critical it is to follow the right legal steps — and how missing them can end a case entirely.

In that case, the plaintiff had significant lower back problems long before the crash. Her doctor had even recommended surgery just two days before the accident. After the collision, she underwent further treatment, including surgery, and brought a lawsuit against the other driver.

Because her auto insurance policy had the “limitation on lawsuit” option (also called the verbal threshold), she could only recover pain and suffering damages if she provided objective medical evidence of a permanent injury. And because she already had a history of back problems, she also needed something called a “Polk analysis”—a comparative analysis, prepared by a qualified medical expert, of her condition before and after the accident, supported by objective medical evidence.

The issue was that no expert report containing Polk analysis was submitted before the discovery deadline. When reports were eventually provided in opposition to the defendant's summary judgment motion, neither contained a proper Polk analysis. The court dismissed the case finding that the plaintiff failed to establish that the accident caused an aggravation of her pre-existing low back injury.

If you have a medical history and have been injured in an accident, this case highlights why having an experienced attorney matters. An attorney must gather complete medical records, select an expert who can perform the necessary comparative analysis, and ensure that the report is served on time. Missing any of these steps can end a case before it reaches trial.

Lee and Kim law LLC has extensive experience with car accident cases in New York and New Jersey, which allows us to identify important issues early on and offer clients practical guidance from the start.

If you’ve been involved in an accident and have questions about your options, don’t hesitate to call us at (551) 300-2766 or leave us a submit an online form. We’re here to help you navigate the next steps with clarity and confidence.

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Portions of this blog may be considered attorney advertising under the laws and ethical rules of New York and New Jersey. Any testimonial or endorsement featured does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome, as every case is different and depends on the specific facts and legal circumstances involved.