Pre-Existing Conditions And Your Car Accident Claim

A prior injury does not cancel your claim. The law has a rule for exactly this situation, and the bigger risk is hiding the history, not having it.

The Eggshell Plaintiff Rule

The law does not let an at-fault driver escape responsibility just because you were more vulnerable to injury. If the crash made a prior condition worse, the driver can be liable for that worsening, even if a healthier person might have been hurt less.

What You Can Recover

You generally recover for the aggravation, meaning the difference between your condition before and after the crash. You are not expected to be paid for the original condition itself, only for how the crash changed it.

Why Honesty Protects You

Insurers review medical history closely. Hiding a prior injury is the fastest way to lose credibility, and once an adjuster catches an omission, every other part of your claim is doubted. Disclosing the history and showing the change is the stronger position.

How To Document Aggravation

• Records showing your baseline before the crash.
• Prompt treatment after the crash that ties new symptoms to it.
• A treating doctor opinion connecting the worsening to the collision.
• A consistent record with no large unexplained gaps in care. See how documentation drives value.

Common Questions

Will the insurance company blame my injury on my old condition?

Often they try. That is exactly why baseline records and a doctor opinion connecting the crash to the worsening are so important to your claim.

Should I tell my lawyer about a prior injury?

Yes, always. Your lawyer can build the case around it, but only if they know. A surprise prior injury discovered by the insurer is far more damaging.

What if I had no symptoms before the crash?

A condition that was present but not causing problems can still be aggravated into a painful one. That is a recognized basis for a claim with the right medical proof.