Pre-Existing Injuries and Their Effect on Your Personal Injury Claim

Pre-Existing Injuries and Their Effect on Your Personal Injury Claim

Table of Contents

Submit Your Case

When filing a personal injury claim, the focus usually lies on proving how the accident caused your injuries and impacted your life. But what happens when you have an existing injury or medical condition before the accident? Do pre-existing injuries harm your chances of receiving fair compensation? Not necessarily.

Pre-existing injuries can play a critical role in personal injury claims, but they don’t automatically disqualify you from seeking damages. Understanding how to address this aspect of your case can make the difference between a successful claim and a denied one.

This blog will guide accident victims and personal injury claimants through:

  • The importance of disclosing pre-existing injuries to your attorney
  • How insurance companies handle pre-existing conditions
  • Strategies to build a strong case and protect your rights

By the end of this post, you’ll not only know how to manage pre-existing conditions in your claim but also feel empowered to pursue the compensation you deserve.

Why You Need to Disclose Pre-Existing Injuries to Your Attorney

Transparency is one of the most crucial parts of a personal injury claim. If you have a pre-existing condition or injury, your first instinct might be to hide it, fearing it could weaken your case. However, failing to disclose this information can hurt you more than help.

What Happens If You Don’t Disclose?

Imagine this scenario: you’re filing a claim for a neck injury suffered in a car accident. You decide not to mention that you had physical therapy for mild neck pain three years ago, thinking it isn’t relevant. The defense uncovers your medical history during the investigation, using it to question your credibility. Suddenly, your case looks weaker—not because of your neck condition, but because you appear dishonest.

Why Transparency Strengthens Your Case

When you disclose a pre-existing injury, your attorney can develop a strategy to account for it. They can demonstrate exactly how the accident worsened your pre-existing condition with thorough medical evidence. Transparency shows the court (or insurer) that you’re acting in good faith, which can strengthen your claim.

Legal Tip: Your attorney acts as your advocate; always give them complete information to craft the best strategy for you.

How Insurance Companies Handle Pre-Existing Conditions

Insurance companies love to exploit pre-existing injuries to minimize claim payouts. The more they can attribute your current pain or medical needs to prior issues, the less they’ll have to compensate you. Here are the two most common tactics they use:

Claiming Your Injury Was Pre-Existing

One tactic insurers use is arguing that your injury was entirely pre-existing and not caused by the accident at all. If they succeed, they may deny your claim outright.

Example: A man with mild osteoarthritis in his knee slips and falls in a supermarket. The accident worsens his condition, leading to frequent knee pain and the need for surgery. An insurer may argue that his damages are solely due to arthritis, not the store’s negligence.

Downplaying Worsened Conditions

More often, insurers will agree that the accident worsened your pre-existing injury but claim the impact was minimal. This allows them to offer only partial compensation for your medical bills and suffering.

Example: A car accident exacerbated an old back injury from a sports incident. The insurer tries to argue that your back pain is mostly due to your prior injury, despite evidence showing how the accident significantly reduced your mobility.

Insurance companies are well-versed in these tactics. That’s why it’s critical to work with an attorney experienced in handling claims involving pre-existing conditions.

Building a Strong Case Despite Pre-Existing Injuries

Pre-existing conditions don’t mean you can’t pursue a personal injury claim. Instead, your case needs to focus on showing how the accident aggravated or worsened your condition. Here’s how to establish a strong argument:

1. Medical Evidence is Key

Thorough documentation of your medical history and post-accident treatment is essential. Expert testimony and medical records should clearly illustrate how the accident impacted your health. Specifically:

  • Compare your condition before and after the accident
  • Demonstrate the accident’s role in worsening your symptoms or influencing recovery

Case Example:

Back Injury Aggravation

A claimant had a prior back injury from a sports incident. After a car accident, they experienced heightened pain and reduced mobility. Legal experts highlight how this worsening directly resulted from the accident, using medical records and a doctor’s testimony.

2. Expert Testimony Strengthens Your Case

Medical experts can explain the connection between the accident and your worsened condition. They provide a professional perspective that insurance adjusters and courts often rely on for validation.

Case Example:

Osteoarthritis Flare-Up

An elderly individual with osteoarthritis slips and falls. The acute pain and accelerated progression of the condition are explained in court by a rheumatology expert, proving the accident triggered significant harm.

3. Focus on “Eggshell Plaintiff” Doctrine

The “eggshell plaintiff” doctrine protects your right to seek compensation even if you were more susceptible to injury due to pre-existing conditions. The law acknowledges that defendants are responsible for the harm they cause—even if the injured party was more vulnerable than an average person.

4. Highlight Long-Term Impacts

If the accident worsened a pre-existing condition in ways that dramatically affect your quality of life (e.g., cognitive impairment, reduced mobility), this can significantly strengthen your damages claim.

Case Example:

Concussion Complications

A car accident victim with a history of concussions suffers another head injury, leading to prolonged post-concussive syndrome. Expert neurologists demonstrate the cumulative impact of multiple concussions and how the latest one caused long-term cognitive issues.

Protecting Your Rights and Seeking Fair Compensation

Dealing with pre-existing injuries in a personal injury claim can seem daunting, but it doesn’t have to be. The key to protecting your rights lies in honesty, a strong legal strategy, and robust evidence. Here are your next steps:

  1. Be transparent about your medical history when speaking with your attorney.
  2. Work with medical professionals to secure detailed records and expert opinions.
  3. Remember the law protects you under doctrines like the eggshell plaintiff principle.

If you’re ready to take the next step, consult with a personal injury attorney experienced in navigating cases involving pre-existing injuries. You deserve fair compensation for your suffering and losses—even if your health wasn’t perfect before the accident.

Submit Your Case

About McKay Law

Caleb Moore
Caleb Moore
This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!
Amy Patterson
Amy Patterson
McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
Alexandra Serrano
Alexandra Serrano
She, was very helpful she gonna fights for your right !!! Awesome lawyer and company’s 👍🏻👍🏻👍🏻👍🏻👍🏻👍🏻
Carmen Montoya
Carmen Montoya
Lindsey and her team were very professional! I am so thankful to have had them work on my case.
Jenny Wakeland
Jenny Wakeland
Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
Cobbie Johnson
Cobbie Johnson
Very professional greatest law firm I’ve ever worked with.

Why McKay Law?

Lindsey McKay | Sulphur Springs Texas Personal Injury Lawyer | McKay Law – Legally Bold
McKay Law | Legally Bold | Personal Injury Lawyer

Passion For Justice – Compassion For Clients

Compassion. Confidence. Commitment.

20 +

20+ years of combined experience with of counsel addition.

Reasons to Hire
McKay Law

VIP / White Glove Service | Reasons to Hire McKay Law

VIP / White Glove Service

We are Available 24/7 - We take care of our client’s needs – whatever they may be – and advise and instruct from beginning to end.

We Care | Reasons to Hire McKay Law

We Care

We hope to change your life and your situation and turn something tragic into something better. No issue is too tiny for us to consider or too big for us to tackle.

We Listen to Learn Your Story | Reasons to Hire McKay Law

We Listen to Learn Your Story

Injuries, pain, the stress of life, the case, finances – We want to know you and be the voice to tell your story for the best results.

Any Legal Issue | Reasons to Hire McKay Law

Any Legal Issue

We are legally bold to help you. If we can’t address, we know the best.

Fight For Best Results | Icon McKay Law

Fight For Best Results

We ensure we fight for the best results possible for your case.

No Fee Unless We Win | Reasons to Hire McKay Law

No Fee

Unless we win and also NO FEE for handling property damage.

Over 40 Years of Service | Reasons to Hire McKay Law

20+ Years of Combined Experience

We have a long line of success and a team that has worked together for decades and has perfected and streamlined the process; making something stressful and painful as seamless and easy as possible.

Dedicated Nurse to Guide You | McKay Law

Dedicated Nurse to Guide Medical Treatment

McKay Law has an in-house specialist guiding our personal injury clients on medical treatment. Read more about our Texas Nursing Board Certified Nurse and How We Assist.

McKay Law Client Reviews on Google

McKay Law's

PRACTICE AREAS

Free Consultation with Texas Personal Injury Lawyer

No Fees Unless We Win. We Listen To Our Clients.

Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

Free Consultation 24/7

You may be owed money. 

Call our Personal Injury Lawyer now: (903) 465-8733 or use the form below. You can also calculate your total damages for settlements.