How a Pre-Existing Condition Can Impact Your Injury Claim
If you have a pre-existing condition and suffer an injury due to an accident, you may wonder whether it will impact your personal injury claim. Insurance companies often try to argue that your injuries were not caused by the accident, but rather were pre-existing issues. However, just because you had a prior medical condition does not mean you are not entitled to compensation.
Understanding how pre-existing conditions affect personal injury claims—and how to counter insurance company tactics—can help ensure you receive the settlement you deserve.
What Is a Pre-Existing Condition in a Personal Injury Claim?
A pre-existing condition is any injury, illness, or medical condition you had before the accident. Common examples include:
- Previous back, neck, or spinal injuries (herniated discs, chronic pain)
- Arthritis or joint conditions (knee, shoulder, or hip issues)
- Degenerative disc disease
- Prior concussions or head trauma
- Chronic pain or fibromyalgia
- Old fractures or past surgeries
Having a pre-existing condition does not disqualify you from receiving compensation. However, it does mean that your claim may require additional medical evidence to prove how the accident worsened your condition.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance companies often try to minimize payouts by blaming injuries on pre-existing conditions instead of the accident. Some common tactics include:
- Claiming your injuries were not caused by the accident – Insurers may argue that you were already dealing with pain or mobility issues before the incident.
- Denying coverage for “exacerbations” – They may refuse to acknowledge that the accident made your condition worse.
- Using gaps in medical treatment against you – If you did not regularly see a doctor for your pre-existing condition before the accident, they may claim the injury is unrelated.
- Requesting full medical history – Insurers often look for past injuries to shift blame and reduce your compensation.
The Eggshell Plaintiff Rule: Why Pre-Existing Conditions Should Not Hurt Your Claim
Under California law, injury victims are protected by the “Eggshell Plaintiff” rule. This legal doctrine states that a negligent party is responsible for all injuries they cause, even if the victim was more vulnerable due to a pre-existing condition.
For example, if you had a previous back injury and a car accident worsened your condition, the at-fault driver is still liable for the additional harm their negligence caused.
How to Strengthen Your Personal Injury Claim If You Have a Pre-Existing Condition
If you have a pre-existing condition, you can take steps to protect your claim and maximize your compensation:
Disclose Your Medical History Honestly
Hiding past injuries can backfire if the insurance company uncovers them later. Be upfront about your condition while emphasizing how the accident worsened it.
Seek Medical Treatment Immediately
Prompt medical care helps establish a clear link between the accident and any worsening of your condition.
Obtain Medical Records and Expert Opinions
A doctor can provide documentation proving that your injuries were aggravated by the accident, not just a continuation of past issues.
Avoid Giving Recorded Statements to Insurance Adjusters
Insurers may twist your words to suggest that your injuries existed before the accident. Let your attorney handle communications.
Work with a Personal Injury Attorney
An experienced lawyer can gather medical evidence, negotiate with insurance companies, and protect your rights.
Do Not Let a Pre-Existing Condition Cost You Your Injury Settlement
A pre-existing condition should not prevent you from receiving fair compensation after an accident. If someone else’s negligence made your condition worse, they are responsible for the harm they caused. However, these cases can be more complex, and insurance companies may fight harder to deny or reduce your claim.
If you are struggling with an insurance company using a pre-existing condition against you, contact our firm today for a free consultation. We can review your case and help you fight for the compensation you deserve.
