The Impact of Pre-Existing Conditions on Personal Injury Claims
When you have a long-standing medical issue—such as a back injury from years ago—and you’re involved in a car accident, you may wonder how this will affect your personal injury claim.
While having a pre-existing condition can make your case more complex, it doesn’t necessarily mean you can’t recover fair compensation. In fact, in some situations, it can strengthen your claim—especially if the accident clearly worsened your existing injury.
What Is a Pre-Existing Condition?
A pre-existing condition is any injury or medical condition you had before the accident. Examples include:
- Old sports injuries
- Back or neck pain from a prior workplace accident
- Previous fractures or joint injuries
- Chronic conditions like arthritis or osteoporosis
These conditions don’t automatically disqualify you from receiving compensation, but they give insurers an opening to argue your symptoms aren’t related to the accident.
Common Pre-Existing Conditions in Personal Injury Cases
Some of the most common pre-existing injuries and conditions that affect claims include:
- Chronic neck and back injuries
- Traumatic brain injuries (TBIs) or concussions
- Sprains, strains, and previous fractures
- Arthritis and other degenerative joint conditions
- Medical conditions like diabetes or osteoporosis that may worsen recovery outcomes
Even if your health wasn’t perfect before the accident, you still have a right to recover damages if someone else’s negligence made your condition worse.
How Pre-Existing Conditions Affect Personal Injury Claims
The biggest challenge in these cases is proving that:
- The accident caused new injuries, or
- It significantly worsened your pre-existing condition.
Insurers will try to attribute your symptoms entirely to your old condition. Your attorney can counter this by using medical records, diagnostic imaging, and expert testimony to show the accident’s direct impact.
In some cases, having well-documented medical history can actually help your case by providing a clear “before and after” comparison of your condition.
The Eggshell Skull Rule
The Eggshell Skull Rule is a legal doctrine that works in favor of injury victims with pre-existing conditions. It means that the at-fault party must “take the victim as they find them.”
In other words, if your health made you more vulnerable to injury, the at-fault party is still fully responsible for the harm caused—even if a healthier person would have been less severely injured.
However, the at-fault party is not liable for the pre-existing condition itself—only for the additional harm caused by the accident. Proving that difference is where legal and medical expertise becomes critical.
The Role of Medical Experts
Medical experts are often key to winning personal injury cases involving pre-existing conditions. They can:
- Evaluate your existing condition to determine how it may have contributed to your current injuries
- Compare pre- and post-accident medical records to identify changes
- Examine accident details to connect the mechanism of injury to your current symptoms
- Provide expert testimony in court to support your claim
Their professional credibility can carry significant weight in proving that your accident—not just your old injury—caused your current suffering.
Building a Strong Case with a Pre-Existing Condition
If you have a pre-existing condition and are pursuing a personal injury claim, follow these steps:
- Seek Immediate Medical Attention – Even if the injuries seem minor, prompt evaluation ensures your condition is documented right after the accident.
- Be Honest with Your Attorney – Disclose your full medical history so they can prepare the strongest case possible.
- Follow All Treatment Plans – Skipping recommended treatments can weaken your case and give insurers leverage to reduce your payout.
- Act Quickly – Statutes of limitations restrict how long you have to file a claim, and early action helps preserve evidence.
Potential Compensation
If your pre-existing condition was aggravated by the accident, you may be entitled to compensation for:
- Medical bills for treating new or worsened injuries
- Lost income due to missed work
- Pain and suffering
- Loss of mobility or reduced quality of life
- Emotional distress caused by your worsened condition
The key is proving that the accident—not just your pre-existing condition—caused your current damages.
Final Thoughts
Because insurance companies often use pre-existing conditions as an excuse to reduce payouts, having an experienced personal injury attorney on your side is critical.
Pre-existing conditions make personal injury claims more complicated, but they don’t erase your right to fair compensation. By working with an experienced attorney and credible medical experts, you can prove the accident’s impact and secure a settlement that reflects your true losses.
