How Pre-Existing Conditions Affect Car Accident Claims
Car accidents can cause serious injuries that disrupt every part of life. When someone already has a medical condition before the crash, questions often arise about how much of their pain or limitations are tied to the accident itself.
This issue comes up frequently in Texas injury cases, and insurance companies often try to use pre-existing conditions against injured victims.
Pre-existing conditions don’t bar someone from seeking compensation. In fact, Texas law recognizes that a negligent driver can make an existing condition worse. Still, the process of proving damages in these cases requires careful evidence, strong medical support, and skilled legal representation.
At Steve Brannan, Attorney PC in Odessa, Texas, our personal injury attorneys know how insurers treat these cases, and we work tirelessly to protect the rights of injured clients. Contact us; we serve clients in Midland, Big Spring, Pecos, Andrews, and throughout communities in West Texas.
What Qualifies as a Pre-Existing Condition
A pre-existing condition is any health issue that existed before the car accident occurred. These conditions can range from minor to severe, but they all may affect how an insurance adjuster or court views a claim.
Common examples include:
Prior back or neck injuries: Disc herniations, whiplash, or chronic lower back pain.
Arthritis or joint problems: Pre-existing degenerative conditions that may worsen with trauma.
Previous fractures or surgeries: Areas of the body already weakened and more susceptible to injury.
Chronic illnesses: Conditions such as diabetes that may slow recovery.
Mental health conditions: Anxiety or post-traumatic stress that could be intensified after a crash.
These conditions don’t eliminate the right to compensation. Instead, the legal question becomes how much of the pain, suffering, and medical bills are linked to the accident and how much stem from the pre-existing issue.
The Egg-Shell Plaintiff Rule In Texas
Texas follows what’s commonly called the “egg-shell plaintiff” rule. This principle states that defendants must take victims as they find them. If a person is more vulnerable because of a pre-existing condition, the negligent driver is still responsible for the harm caused—even if the injury is more severe than it would have been in someone else.
We often rely on this rule when insurers try to downplay injuries. It allows us to remind the court and adjusters that victims don’t lose their rights just because they were more susceptible to harm.
How Insurance Companies Use Pre-Existing Conditions
Insurance adjusters are trained to reduce payouts, and pre-existing conditions give them an opening. They’ll often argue that the injuries were already present and unrelated to the crash.
Common tactics include:
Requesting extensive medical records: Insurers look for any prior injury to claim it’s the true source of pain.
Suggesting no new injury occurred: They may argue the accident didn’t actually change the victim’s medical condition.
Minimizing damages: Even if the accident worsened the condition, insurers often claim the impact is less than stated.
Blaming natural progression: They may argue that the condition would have gotten worse over time regardless of the crash.
We push back against these strategies by working with medical experts and presenting clear evidence that ties the injuries directly to the crash.
Proving Aggravation of a Pre-Existing Condition
The main challenge isn’t showing the condition existed—it’s proving the car accident made it worse. This requires careful documentation and testimony.
Medical Records
We review records before and after the crash to show how the victim’s baseline changed. Imaging studies, treatment notes, and symptom tracking all become essential.
Expert Testimony
We work with doctors who can explain how the trauma of the accident aggravated the injury and why treatment needs have increased.
Personal Testimony
We also prepare clients to describe how their day-to-day life shifted after the accident. Our personal injury attorney will help them present that story clearly.
Texas Law and Burden of Proof
In Texas, the injured party carries the burden of proving that the accident either caused a new injury or made an existing one worse. Victims don’t have to show they were perfectly healthy beforehand. They simply need to prove that the crash increased their pain, medical needs, or limitations.
We focus on building this causal link with strong evidence so juries and adjusters can see the difference the crash made.
Damages Available in These Cases
Even with pre-existing conditions, accident victims in Texas may recover a wide range of damages if the case is proven successfully. These include:
Medical expenses: Both immediate treatment and long-term care needs.
Lost income: Wages missed due to the inability to work.
Reduced earning capacity: If the condition limits future employment opportunities.
Pain and suffering: Physical discomfort, emotional distress, and reduced quality of life.
Disability or impairment: Permanent changes in ability caused by the aggravated condition.
We work to document these damages thoroughly and present them in a way that insurers can’t ignore.
Common Defenses Raised by Insurers
Insurance companies often raise specific defenses in pre-existing condition cases. Some of the most common include:
Claiming unrelated injuries: Arguing that the accident didn’t cause the current issues.
Pointing to gaps in treatment: Suggesting that if the victim didn’t seek care immediately, the injury must not be serious.
Highlighting lifestyle factors: Blaming pain on age, weight, or work-related wear and tear.
Challenging credibility: Suggesting the victim is exaggerating symptoms to gain more compensation.
We anticipate these defenses from the start and gather the evidence needed to counter them effectively.
How We Build a Strong Case
When pre-existing conditions are involved, every detail matters. Our personal injury attorneys may:
Collect complete medical history: To show the condition was stable before the accident.
Obtain expert opinions: To demonstrate the accident caused measurable changes.
Work with economists and vocational experts: To calculate future losses tied to the aggravated injury.
Prepare for trial: Even if settlement is likely, preparing as if for trial strengthens the claim.
This preparation often leads to stronger settlements and puts us in the best position for trial if necessary.
The Importance of Timely Medical Care
Prompt medical attention after a crash is critical, especially for those with pre-existing conditions. Delaying care allows insurers to argue that the accident didn’t cause the new problems.
According to the National Highway Traffic Safety Administration (NHTSA), nearly 4.8 million medically consulted injuries resulted from motor vehicle crashes in the United States in 2022. That number highlights just how many people may face disputes over pre-existing conditions when filing claims.
We advise clients to seek immediate care and follow their treatment plans to protect both their health and their claim.
Tips For Claimants With Pre-Existing Conditions
Victims can take steps that make it easier to prove their case.
Be honest about medical history: Full disclosure strengthens credibility.
Follow medical advice: Attending appointments and sticking to treatment plans helps show dedication to recovery.
Keep detailed records: Tracking pain levels, missed work, and daily struggles provides powerful evidence.
Work with a lawyer: A personal injury attorney can handle insurer tactics while victims focus on healing.
We often remind clients that honesty and consistency are critical to building trust with the court and insurers.
How Texas Juries View These Cases
Texas juries often face the difficult task of separating damages. They’re instructed to award compensation only for the harm caused or worsened by the crash.
By presenting medical records, expert testimony, and the victim’s personal story, we show juries exactly how the accident changed our client’s life. This approach often makes the difference between a low award and one that truly reflects the suffering caused.
Working With the Right Legal Advocate
Not every lawyer is equipped to handle the challenges of pre-existing condition claims. These cases require experience with medical records, expert witnesses, and insurance company tactics.
At the Law Office of Steve Brannan, our personal injury attorneys bring decades of experience in personal injury law to every case we handle. We know how to present evidence clearly, challenge insurer defenses, and fight for fair results for our clients.
Pre-existing conditions don’t disqualify someone from seeking compensation after a Texas car accident. In many cases, the crash makes those conditions worse, and the law recognizes the right to recover damages for that aggravation.
Insurance companies may try to downplay these cases, but with strong evidence, medical testimony, and the support of a skilled personal injury attorney, victims can secure compensation that truly reflects their suffering.
Pursue Justice Even With Pre-Existing Conditions
At the Law Office of Steve Brannan in Abilene, Texas, we believe every client deserves to be heard. When you need a personal injury attorney, we fight to make sure their story is told and their injuries are taken seriously. If you or a loved one has been hurt in a car accident and already had a medical condition, we invite you to reach out today. Tell us your story, and let us help you pursue the justice you deserve.