Will a Pre-Existing Condition Affect My Personal Injury Claim?
A pre-existing condition does not eliminate your right to compensation. With proper documentation, medical support, and legal guidance, you can pursue a personal injury claim that accurately reflects how the accident affected your health and your life.
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What Counts as a Pre-Existing Condition
A pre-existing condition includes any injury, illness, or medical issue that existed before the accident. Common examples include:
- Prior back or neck injuries
- Arthritis or joint degeneration
- Previous fractures or surgeries
- Chronic pain conditions
- Herniated or bulging discs
Insurance companies often review medical history to argue that symptoms existed before the crash. That argument alone does not eliminate liability.
Texas Law and the Eggshell Plaintiff Rule
Texas follows the “eggshell plaintiff” rule. This legal principle holds that a negligent party is responsible for all harm they cause, even if the injured person was more vulnerable due to a pre-existing condition. A defendant (at-fault party) cannot avoid responsibility simply because the injured person was not in perfect health before the accident.
If an accident aggravates a prior injury, the at-fault party remains liable for the worsening of that condition. The key issue becomes distinguishing the prior condition from the new harm caused by the accident.
How Pre-Existing Conditions Affect Claim Value
A pre-existing condition can influence the value of a personal injury claim, but it does not automatically reduce compensation. The value depends on several factors:
- Whether the accident caused new injuries.
- Whether the accident made an existing condition worse.
- Whether symptoms increased in frequency or severity.
- Whether new treatment became necessary after the accident.
Insurance companies often try to attribute all pain to the pre-existing condition. Medical records and expert opinions play a critical role in showing how the accident changed your condition.
Medical Documentation is Critical
Strong medical documentation is essential when a pre-existing condition exists. After an accident, you should:
- Seek medical care immediately.
- Tell providers about prior conditions honestly.
- Explain how symptoms changed after the accident.
- Follow all treatment recommendations.
Doctors can document differences between pre-accident and post-accident symptoms. Imaging studies, treatment notes, and specialist evaluations help establish aggravation. However, any gaps in treatment or incomplete records give insurers an opportunity to challenge your claim.
Common Insurance Tactics Involving Pre-Existing Conditions
Insurance companies frequently rely on pre-existing conditions to reduce payouts. Common tactics include:
- Claiming the accident caused no new injury.
- Arguing pain existed long before the crash.
- Requesting extensive medical history to search for prior complaints.
- Using independent medical exams to downplay aggravation.
These strategies aim to create doubt about causation but clear medical evidence and consistent treatment help counter these arguments.
Proving Aggravation of a Pre-Existing Condition
To recover compensation, you must show that the accident aggravated your condition. Evidence may include:
- Medical records showing increased symptoms.
- Diagnostic imaging revealing changes.
- Physician opinions linking aggravation to the accident.
- Records of new treatment, medication, or surgery.
Texas law allows recovery for the difference between your condition before and after the accident.
How an Attorney Can Help
Cases involving pre-existing conditions require careful presentation. An experienced Waco personal injury attorney reviews medical records, works with treating physicians, and develops evidence that clearly separates old injuries from new harm.
A lawyer also challenges insurer attempts to mischaracterize medical history and work hard to ensure damages reflect the true impact of the accident. Set up a free consultation with our law firm today.