Maryland Accidents

FAQ Glossary Resources About
ESP ENG

What happens if I switch lawyers after insurance uses my old MRI against me?

Yes - you can switch lawyers in Maryland, and doing that does not erase the fact that the at-fault driver still owes for making a prior condition worse.

A common Frederick scenario: you're hurt when a grain truck or farm vehicle causes a crash on U.S. 15, MD 26, or another rural road during harvest season. You had a neck or back issue before, maybe an old MRI from years ago. The insurer grabs that record and starts saying, "This was already there." If your current lawyer seems to be folding on that point, you can hire new counsel mid-case. The file, medical records, photos, crash report, and settlement talks get transferred, and the prior lawyer may later claim a fee from any recovery for work already done.

The bigger legal point is this: Maryland law allows compensation for aggravation of a pre-existing condition. The insurer does not get off the hook just because your spine, shoulder, or knee was vulnerable before. They are allowed to argue what part was old and what part was worsened by the crash, but they cannot deny the claim solely because an old MRI showed degenerative changes.

What usually happens next depends on timing:

  • If no lawsuit has been filed, the new lawyer takes over claim handling and builds the "before versus after" medical story.
  • If suit is already filed, the new lawyer files an appearance and keeps the case moving.
  • The main deadline still matters: Maryland's general lawsuit deadline is 3 years from the crash date.

What helps most is medical proof showing the change after the collision: new symptoms, new restrictions, stronger meds, missed work, fresh imaging, or a treating doctor explaining aggravation in plain terms.

Insurers weaponize old MRIs because juries often hear "pre-existing" and think "not caused here." The real issue in Maryland is usually worsening, not whether your body was perfect before the crash.

by Ravi Patel on 2026-03-28

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

Talk to a lawyer for free →
← All FAQs Home