Were you already dealing with an old injury before your car accident?
You may fear that your insurance company will use that against you and offer you mere pennies on the dollar. They will. It’s a legitimate concern. In fact. Insurance companies hope you feel that way.
Here’s the good news…
Having a pre-existing injury doesn’t automatically ruin your claim. On the contrary, the law often favors individuals injured prior to an accident that exacerbated the problem. You just have to know how the process works.
Car accidents happen frequently and are often severe. There were 2.8 million visits to the ER for crash-related injuries in 2023. Many of those individuals already suffered from bad backs, old breaks, or worn-down joints prior to being injured.
What happens to your claim when another crash piles up on an old problem?
That’s exactly what this guide breaks down.
If a crash aggravated an existing injury, you may still be entitled to substantial damages – even pain and suffering damages for additional anguish the wreck caused you. Pain and suffering includes the physical discomfort you experienced and emotional distress you suffered that isn’t represented by a bill.
Since it can be difficult to prove these damages with a pre-existing injury, make sure you talk to a Dallas auto accident lawyer before you settle. A qualified attorney can help quantify just how much your pain and suffering increased as a result of the crash.
What you’ll uncover:
- What Counts as a Pre-Existing Injury?
- The Eggshell Skull Rule Explained
- How Insurers Twist Your Medical Past
- Proving Pain and Suffering Damages
What Counts as a Pre-Existing Injury?
A pre-existing injury is any health issue you had before your crash.
It may be from an old sports injury, or something from a past accident or simply the wear and tear your body naturally goes through. Kind of common huh?
Here are some examples that show up all the time:
- Old back or neck problems
- Arthritis in the knees or hips
- A past surgery on a shoulder or wrist
- An earlier concussion or head injury
- Degenerative disc disease
Remember… an accident can cause any of these conditions to become substantially worse. When that occurs, the at-fault driver could be responsible for that worsening.
The preexisting condition doesn’t matter. It’s how much worse the accident made it that you get compensated for.
The Eggshell Skull Rule Explained
Now for the part that surprises most people…
Legally there is something known as the “eggshell skull” principle. Weird huh? Well it sure is potent. This simply states that the at-fault party takes the victim as they find them.
Here’s what that means in plain English:
When a driver strikes you and your delicate pre-existing condition exacerbates your injuries far beyond what someone else would normally suffer… that’s not negligence on your part. That’s negligence on their part.
The driver can’t say, “Well, if you were healthy you wouldn’t have been injured that badly.” The law doesn’t care. They caused the accident and they pay for the entire consequence. Even if your pre-existing injury made it worse.
This Rule Is One Of The BIGGEST Reasons a PRIOR Injury Does NOT Kill Your Claim.
How Insurers Twist Your Medical Past
Here’s where things get sneaky…
Insurance companies only have one objective — to pay you as little money as they can. A pre-existing injury is their favourite excuse to help them do it.
Here’s how they try to use it:
- They claim your pain was “already there” before the crash
- They argue the wreck didn’t actually change anything
- They dig through years of old medical records
- They blame your symptoms on aging or normal wear
Don’t fall for it.
The wreck doesn’t have to be the sole cause of your pain. It just has to be a cause. If the wreck aggravated your prior injury, you are entitled to money for that aggravation — period.
It’s for this reason your medical records are so important. The more before and after evidence you have, the better. You want to paint a clear picture of how your life was impacted by the accident.
Don’t try to conceal your past injuries. Concealing past injuries only gives the insurance company something to use against you. Honestly explaining how the accident aggravated your injuries is much stronger.
Proving Pain and Suffering Damages
This is the heart of your whole claim…
Pain and suffering damages are meant to compensate you for things that aren’t easily calculated with a dollar amount. Includes pain, lost sleep, stress, and activities you can no longer perform. When you have a pre-existing injury, it requires a bit more effort to prove these damages – but it can be done.
But the human cost is astronomical. There were 4.9 million injury related doctor visits as a result of crashes in 2024 alone, according to the National Safety Council. Every single one of those statistics represents a living, breathing human being in pain.
How do you prove the crash aggravated your suffering? Think delta:
- Get treatment fast — gaps in care give insurers an opening
- Tell your doctor the truth — About the old injury AND the new pain
- Maintain a pain diary – document the bad days, activities you miss and your limitations
- Save everything — bills, photos, and notes from your doctor
It’s really pretty straightforward. Let the world know what your life was like pre-crash, and what it’s like now. The difference…is your pain and suffering.
A solid claim establishes these links clearly. The accident occurred. Your injuries were aggravated. You must now live with increased pain.
Tying It All Together
A pre-existing injury is not a dead end for your crash claim.
The eggshell skull rule works for you. The negligent driver is responsible for all of your damages – including the aggravation of a prior injury. Insurance companies love to muddy the waters, but good medical documentation and truthful reporting pierces through their games.
To quickly recap:
- A pre-existing injury doesn’t cancel your claim
- The law makes the at-fault driver take you as you are
- Insurers will blame your medical past, so don’t let them
- Clear records prove how the crash made your pain worse
Don’t let a past injury talk you into a lowball offer. You may be entitled to much more than the insurance company thinks — even real pain and suffering.
Take action and protect what you’re owed.
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