How Pre-Existing Conditions Can Affect Your Personal Injury Settlement

If you’ve suffered an injury in an accident, you might worry that your pre-existing health conditions will ruin your chances of receiving compensation. Insurance companies often use these conditions to downplay claims, arguing that your current pain or disability isn't the result of the incident. Fortunately, the law protects injured victims—even those with prior medical issues. Understanding how pre-existing conditions are treated in personal injury cases is essential for getting the compensation you deserve.

What Are Pre-Existing Conditions?

A pre-existing condition is any injury, illness, or medical issue that existed before the accident occurred. These can be chronic or acute and may or may not have required recent treatment. Examples include:

• Degenerative disc disease
• Previous back or neck injuries
• Arthritis
• Prior surgeries
• Concussions or traumatic brain injuries
• Anxiety, depression, or PTSD

Having one of these conditions does not disqualify you from pursuing a personal injury claim. In fact, the key legal question is whether the accident worsened the condition or caused a new injury on top of it.

The "Eggshell Skull" Rule

One of the most important legal doctrines protecting injured individuals with pre-existing conditions is the "eggshell skull" rule. This principle means that a defendant must take the plaintiff as they find them—even if the plaintiff is more susceptible to injury due to a medical condition. In other words, if someone causes an accident, they are still fully responsible for the consequences, even if a healthy person wouldn’t have been as severely hurt.

Let’s say you had a previously healed ankle injury, but a car accident causes it to flare up and require surgery. The person at fault for the accident can still be held liable for the full extent of that injury, even though your ankle was more vulnerable than normal.

New Injuries vs. Aggravation of Old Injuries

When evaluating your claim, the insurance company or court will look at two main things:

1. Did the accident cause a new injury?
2. Did the accident aggravate a pre-existing condition?

You can be compensated for both. For instance, if you had mild lower back pain for years but a fall caused by a negligent property owner leads to a herniated disc, you may be entitled to damages for the increased pain, medical care, and loss of function.

Challenges You May Face

Insurance companies are quick to seize on pre-existing conditions as a way to limit payouts. You may face tactics like:

• Blame Shifting: The insurer may argue your symptoms are solely due to your previous condition.
• Requesting Extensive Medical Records: They might demand years of your medical history to find anything to use against you.
• Claiming You’re Exaggerating: If your symptoms don’t line up with their expectations, they may accuse you of faking or exaggerating.

How to Protect Your Case

You can strengthen your claim by being proactive and strategic:

1. Be Honest About Your Medical History
   Disclose all pre-existing conditions to your attorney and treating physicians. Hiding past issues can damage your credibility.
2. Get Medical Documentation
   Your doctors should clearly state whether your condition was worsened by the accident. Notes comparing your health before and after the incident can be powerful evidence.
3. Obtain Expert Testimony
   A medical expert can testify to how the accident affected your condition and whether additional treatment or permanent impairment resulted.
4. Follow Your Treatment Plan
   Missed appointments or ignoring medical advice gives insurers an excuse to say you weren’t really hurt. Stay consistent with your care.
5. Avoid Giving Recorded Statements Without a Lawyer
   Insurers may use your own words against you. Let your attorney handle communication with adjusters.

The Role of Your Attorney

Your personal injury attorney plays a vital role in handling claims involving pre-existing conditions. They can:

• Gather the right medical evidence
• Coordinate with your healthcare providers
• Retain expert witnesses
• Push back against lowball settlement offers
• Represent you in court if necessary

An experienced lawyer knows how to present your case in a way that emphasizes the impact of the accident on your life—not just your medical history.

Real-World Example

Consider this scenario: A woman with a 10-year history of neck pain is rear-ended at a stoplight. Following the crash, her symptoms worsen significantly, requiring physical therapy and pain injections. The insurance company argues that her neck was already injured. However, her medical records show that her pain level and physical limitations increased after the crash, and her doctor confirms the accident aggravated her condition. With that evidence, she successfully receives compensation for additional treatment, lost wages, and pain and suffering.

What Damages Can You Recover?

Even with a pre-existing condition, you may be eligible for:

• Medical bills for accident-related care
• Future treatment costs if your condition is now permanent or worsened
• Lost income due to missed work
• Pain and suffering from heightened symptoms
• Loss of enjoyment of life if your activities are limited by the new injury

Pre-existing conditions make personal injury claims more complex—but they don’t make them impossible. The law is on your side, and with the right legal guidance, you can hold negligent parties accountable and secure the compensation you need to heal and move forward.

If you’ve been injured in an accident and are worried about how your medical history will affect your case, don’t wait. Speak with an experienced personal injury attorney who can evaluate your situation, protect your rights, and help you build a strong claim—even if you weren’t perfectly healthy before the accident.