• March 31, 2025

How Pre-Existing Conditions Affect Your Injury Case

When you’re injured in an accident—whether it’s a car crash, slip and fall, or workplace incident—your medical history can play a significant role in the outcome of your injury claim https://cummings.law/. One of the most commonly misunderstood factors is how pre-existing conditions affect your ability to recover compensation. Here’s what you need to know.


What Is a Pre-Existing Condition?

A pre-existing condition is any medical issue you had before the accident in question. This could be a chronic back problem, a previous surgery, arthritis, or even a prior injury that had fully or partially healed.

Insurers and defendants often try to use pre-existing conditions to minimize or deny compensation. But just because you had a medical issue before your accident doesn’t mean you aren’t entitled to recover damages.


The “Eggshell Plaintiff” Rule

There’s an important legal principle known as the “eggshell plaintiff” rule, which states that a defendant must take the victim as they find them. In other words, if your injuries are more severe because of a pre-existing condition, the responsible party is still liable for the full extent of your injuries—even if someone without that condition would have been less harmed.

For example, if you have a degenerative disc disease and a car accident worsens your condition, the negligent driver may still be responsible for the increased harm caused.


Common Types of Pre-Existing Conditions in Injury Cases

Some of the most common pre-existing conditions that come up in personal injury claims include:

  • Back or neck injuries
  • Joint problems (e.g., arthritis)
  • Prior concussions or brain injuries
  • Mental health conditions (e.g., PTSD, anxiety)
  • Old fractures or sprains
  • Chronic illnesses

How Insurance Companies Use Pre-Existing Conditions

Insurance adjusters may argue that your current pain or limitations are due to your pre-existing condition—not the accident. They may request your full medical history to find anything they can use to dispute your claim.

That’s why it’s critical to have strong medical documentation showing:

  1. The condition before the accident
  2. How the accident aggravated or worsened that condition
  3. Any new injuries caused by the accident

Working with your doctor—and possibly a medical expert—can help draw a clear line between your previous state and your current one.


Proving Aggravation of a Pre-Existing Condition

To succeed in your injury claim, you don’t have to prove the accident caused a brand-new injury. You can also show that it made an existing issue worse.

This is where medical records and expert testimony become invaluable. Your attorney may use:

  • Pre- and post-accident medical evaluations
  • Imaging scans (like MRIs or X-rays)
  • Doctor’s notes and treatment plans
  • Expert analysis explaining the change in condition

Why You Should Disclose Pre-Existing Conditions

It might be tempting to hide a prior condition, fearing it will hurt your case—but doing so can actually backfire. If the insurance company uncovers a pre-existing issue you didn’t disclose, it can damage your credibility and weaken your entire claim.

Being honest and upfront allows your attorney to build a strategy around the full picture—and potentially turn what seems like a weakness into a strength.


Final Thoughts

Pre-existing conditions can complicate a personal injury case, but they don’t automatically disqualify you from receiving compensation. In many cases, you can still recover damages for the worsening of an existing condition or for new injuries caused by the accident.

If you’re dealing with an injury and have a history of medical issues, the best course of action is to consult a knowledgeable personal injury attorney. They can help you navigate the legal and medical complexities to ensure your rights are protected and your compensation reflects the true impact of the accident.