How Pre-Existing Conditions Affect Personal Injury Settlements

You’ve just been in an accident. Maybe it was a car crash or a fall on someone else’s property. You’re hurting—but this isn’t the first time you’ve dealt with this kind of pain. Maybe your back was already giving you trouble, or your shoulder never quite healed from an old injury. And now, you’re wondering: Will my history ruin my claim?

Imagine managing a minor back issue for years—until one incident leaves you unable to lift your child or return to work. It’s not just your past anymore—it’s your future that’s been affected.

If this sounds familiar, know this: having a pre-existing condition does not prevent you from recovering compensation. But it does mean your case needs to be approached with a higher level of care, strategy, and legal support.

What Is a Pre-Existing Condition in Legal Terms?

In personal injury law, a pre-existing condition is any documented health issue you had before the accident occurred. This can include:

• Chronic back or neck pain

• Arthritis or degenerative disc disease

• Old sports injuries

• Prior surgeries or fractures

• Neurological conditions like migraines or concussions

While these conditions are medical realities, insurers often try to use them as legal loopholes to reduce what they owe. That’s why understanding how they affect your case—and how to respond—is critical.

Why Insurance Companies Focus on Your Medical History

When insurers review a claim involving a pre-existing condition, their instinct is often defensive: “We didn’t cause this injury—it was already there.”

It’s not personal—it’s business. Their goal is to:

• Discredit the connection between the accident and your current symptoms

• Argue the pain or disability existed before the incident

• Offer lower settlement amounts based on their interpretation of your history

This is why it’s so important to demonstrate the difference between your condition before and after the accident. And this is where medical documentation becomes your strongest ally.

The “Eggshell Plaintiff” Rule: Why the Law Still Protects You

There’s a key legal principle you should know: the “eggshell plaintiff” doctrine.

It means the at-fault party must take the injured person as they find them. If someone’s actions aggravate a condition you already had—even slightly—they’re still responsible for the consequences.

Most U.S. states recognize this doctrine, which is rooted in case law that reinforces a simple but powerful idea: just because you were vulnerable doesn’t mean your pain isn’t real—or compensable.

How to Prove the Accident Made Your Condition Worse

To build a successful claim, your legal team will need to present clear and compelling evidence showing that the accident didn’t just trigger a pre-existing condition—it made it worse.

Here’s how that’s done:

Before-and-After Medical Records

Comparing past and current diagnoses, imaging (MRIs, X-rays), and treatment histories helps establish a medical timeline of change.

Expert Medical Testimony

Specialists may be brought in to confirm that the new symptoms were caused—or significantly worsened—by the recent event.

Consistent Post-Injury Care

Demonstrating that you sought immediate and consistent treatment after the accident strengthens your case and confirms ongoing injury.

Functional Impact

Proof that you can no longer perform tasks or work at the level you did before the accident—supported by employment records, caregiver reports, or personal journals.

Common Mistakes—and How to Avoid Them

In cases involving pre-existing conditions, it’s especially easy to make a misstep. Here’s how to stay on track:

• Failing to disclose your history – Always be honest. Omissions can severely damage credibility.

• Exaggerating or minimizing symptoms – Stick to facts and let the documentation speak for itself.

• Skipping follow-up care – Gaps in treatment can suggest you weren’t truly injured.

• Signing blanket medical releases – These allow insurers to comb through unrelated history. Let your attorney control what’s shared and when.

Solution: Work closely with your legal team to share accurate, relevant information—no more, no less.

How a Personal Injury Attorney Strengthens Your Case

Pre-existing condition cases require more than just a good story—they require medical insight, legal precision, and negotiation skill.

Here’s how an experienced attorney can help:

• Analyze your complete medical history and identify key issues

• Coordinate with specialists to verify that the accident worsened your condition

• Protect your privacy by limiting overbroad insurance requests

• Push back against lowball offers and challenge misinterpretations of your history

This is especially important for working professionals, small business owners, and families supporting injured loved ones, whose financial stability may depend on the outcome of the case.

What Compensation Can You Still Recover?

Even with a pre-existing condition, you may be entitled to full compensation for:

• Medical treatment related to the worsened condition

• Rehabilitation and therapy necessary for recovery

• Lost wages and diminished future earning capacity

• Pain and suffering related to the new or increased limitations

• Loss of enjoyment of life, including reduced ability to participate in family or community life

The goal isn’t just to account for your past—it’s to restore your present and protect your future.

You Are More Than Your Medical History

You are not defined by your past injuries or diagnoses. And the law doesn’t give the negligent party a free pass just because your condition made you more vulnerable.

You deserve a legal team that sees the full picture—not just your past diagnosis. At Harr Law, we’ve successfully represented clients with complex medical histories, helping them receive compensation that reflects what they’ve truly lost—and what they need to move forward.

Contact us today for a confidential consultation. Let’s talk about where you were, where you are now—and how we can help you get where you need to be.