How Pre-Existing Conditions Affect a Car Accident Injury Claim
Were you injured in a motor vehicle accident that aggravated a pre-existing back injury, stiff knee, or any other previous injury?
You are not alone. Most people arrive at the scene of a car accident not in the best of health. And here’s the kicker…
Insurers love hiding behind your pre-existing conditions to cut your settlement — even on medical bills, pain and suffering, and lost wages.
But it doesn’t have to play out that way.
Learn how pre-existing conditions impact your injury claim and how to fight back to recover every dollar you’re entitled to.
What you’ll discover:
- What Is a Pre-Existing Condition?
- How Insurers Use Pre-Existing Conditions Against You
- The “Eggshell Plaintiff” Rule (Your Secret Weapon)
- How It Impacts Your Lost Wages Compensation
- 3x Steps To Protect Your Claim
What Is a Pre-Existing Condition?
A pre-existing condition refers to any injury or illness that you suffered from before the car accident occurred.
Common pre-existing conditions include:
- Old back or neck injuries
- Arthritis or degenerative disc disease
- Previous surgeries on the knees, shoulders, or spine
- Chronic pain disorders
- Lingering whiplash from a prior crash
- Mental health conditions like anxiety, depression, or PTSD
The stuff above is far more prevalent than you might realize. According to the CDC, roughly 53 million American adults have arthritis alone – that’s 1 in 5 adults who have a chronic joint condition prior to being involved in a crash.
But if you’re concerned an old injury will ruin your claim… calm down. You can still get compensated. You just have to play the game right. And that usually means working with a knowledgeable car accident lawyer from the beginning to pursue every dollar of your lost wages, benefits, medical bills, and pain and suffering.
If you don’t have an attorney, your lost wage recovery can be reduced by half or more.
How Insurers Use Pre-Existing Conditions Against You
Here’s the hard truth…
Insurance companies don’t have your back. It is their job to settle for as little as possible. If they find a pre-existing condition in your medical records, they instantly have an excuse to low-ball you.
The most common tactics they use are:
- Claiming your pain came from the old injury — not the crash
- Asking for years of medical records to dig up anything they can twist
- Pushing you to give a recorded statement they’ll later use against you
- Delaying the claim until you’re desperate enough to accept a small offer
The objective is to obfuscate the chronology. If they can make it unclear as to what was happening versus what the crash CAUSED… mission accomplished.
The “Eggshell Plaintiff” Rule (Your Secret Weapon)
Now for some good news.
There is a legal doctrine called the “eggshell plaintiff” rule that strongly favors you. It states:
A negligent driver must take you as they find you.
What does that mean in plain English?
The person who caused the accident is still liable for your injuries even if you were “eggshell-skinned.” They broke your eggshell, so they have to pay for it.
For example…
Imagine you already had a poor lower back. Now, a driver who runs a red light hits your car, worsening your back injury. Pain you could once manage became debilitating. Your insurer will argue your back was already injured — but they’re wrong. The law is clear; it doesn’t matter. That driver owes you for making it worse.
Pretty powerful, right?
This rule is attorney MAGIC against the “you were already injured” argument.
How It Impacts Your Lost Wages Compensation
This is where things get personal.
Say you have an old injury that pops up and you’re unable to work. You can still collect lost wages compensation even if you had a pre-existing condition. It’s all about demonstrating how the accident affected your earning capacity.
Lost wages compensation can cover:
- Hourly pay or salary missed during recovery
- Sick days and PTO that had to be burned
- Bonuses, commissions, or tips
- Future earning capacity if a return to the same role isn’t possible
This is important. The NHTSA reports an estimated 2.4 million people were injured in motor vehicle crashes across the U.S. in 2023. Many of those individuals walked into that crash already dealing with a pre-existing condition… and then missed weeks (or months) of work as a result of their crash injury.
Proving lost wages when you have a pre-existing condition requires three elements.
- You were working (or able to work) before the crash
- The accident — not the old condition — is what stopped you
- The time off matches the medical treatment you needed
Done properly, you can recover every dollar of income you would have earned.
3x Steps To Protect Your Claim
Were you recently in an accident and concerned about a previous injury? Here are 3 easy steps to preserve your claim.
See A Doctor Right Away
Don’t tough it out at home.
Seek medical treatment the same day if at all possible. Delaying treatment is #1 excuse insurance companies use to deny claims. Records from that initial visit document a “before vs after” scenario — and thats exactly what you want.
Gather Your Old Medical Records
This sounds odd, but trust the process.
Your past records actually work in your favor. They document what your life was like pre-crash. When an attorney can demonstrate “here’s where you were at, and here you are now,”…it’s very difficult for the insurance company to argue.
Hire An Attorney Early
This is a big one.
Dealing with pre-existing conditions is complex, and most people do not have the expertise to negotiate on their own. According to the Insurance Research Council, injury victims who hire an attorney end up with settlements 3.5x higher than those who file a claim by themselves.
The sooner an attorney is involved, the more power you’ll have against the insurance company.
Final Thoughts
Having a pre-existing condition doesn’t kill your claim. Not even close.
It simply means that insurance companies will fight you more aggressively — and you have to be prepared to fight back. With competent legal representation, organized medical records, and a game plan in place, you can still recover full and fair compensation for:
- Medical bills (past and future)
- Lost wages compensation
- Pain and suffering
- Future loss of earning capacity
Don’t let an insurance adjuster tell you that your old back problem or sore knee means you can’t get a real settlement. The law is on your side. The eggshell plaintiff rule is on your side. And a skilled attorney can be the difference between a fast & low ball offer and maximum recovery.
You shouldn’t delay either — every state has a time limit for filing your claim. Consulting an attorney early can help you build a strong case from the beginning.
