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You had back problems before the car accident. Now the insurance company claims your current pain is just the old injury flaring up, not a new problem caused by their insured’s negligence. They’re denying your claim based on your medical history.
Our friends at Woron and Dhillon, LLC hear this scenario constantly, and it’s based on a fundamental misunderstanding of how pre-existing conditions affect legal claims. A truck accident lawyer knows that prior medical issues don’t automatically disqualify you from recovery, and insurance companies routinely misuse pre-existing conditions to deny legitimate claims.
Myth One: Pre-Existing Conditions Bar All Recovery
The biggest misconception is that any prior injury or medical condition automatically eliminates your right to compensation. Insurance companies love this myth because it scares victims with medical histories away from pursuing valid claims.
The truth is more nuanced. You can absolutely recover compensation when an accident aggravates, worsens, or exacerbates a pre-existing condition. If your back was manageable before the accident and now requires surgery, that difference is compensable. If your arthritis was controlled with medication and the accident made it debilitating, you deserve compensation for that worsening.
According to the American Bar Association, the legal principle is called the “eggshell plaintiff” rule. It holds that defendants take plaintiffs as they find them. If you’re more vulnerable to injury because of pre-existing conditions, that’s the defendant’s problem, not yours.
Myth Two: You Must Prove the Condition Didn’t Exist Before
Some people believe they need to prove they had no prior medical issues to recover compensation. This backwards thinking keeps many legitimate claims from being filed.
The burden of proof works differently. You must show the accident caused or worsened your current condition. The insurance company has to prove your complaints are entirely from pre-existing issues unrelated to the accident.
Medical records establish this distinction. Doctors can differentiate between baseline chronic conditions and acute injuries or aggravations caused by traumatic events. Treatment records showing your condition was stable before the accident and significantly worse afterward prove causation.
Myth Three: Disclosing Prior Injuries Destroys Your Case
Fear of disclosure causes some victims to hide medical history from their attorneys. They worry that mentioning previous injuries will doom their claims.
Hiding pre-existing conditions is far more damaging than disclosing them. Insurance companies obtain your complete medical history during discovery. When they find undisclosed prior injuries, they use that omission to destroy your credibility on everything else.
We need to know your full medical history upfront so we can address it strategically:
- Obtain records showing condition stability before the accident
- Document how the accident changed your baseline
- Get medical opinions distinguishing new injuries from old ones
- Calculate damages based on the difference between before and after
Honesty lets us build a case that acknowledges your history while proving the accident made things significantly worse.
Myth Four: Minor Prior Treatment Equals Major Pre-Existing Condition
You saw a chiropractor twice five years ago for minor back stiffness. Now the insurance company claims you have a “significant pre-existing back condition” that caused your current problems.
Insurance companies deliberately exaggerate the significance of minor prior treatment. A single doctor’s visit becomes a “chronic condition.” Brief physical therapy becomes “extensive treatment history.” They’re hoping you don’t have records proving how minor those prior issues actually were.
We obtain complete medical records showing the limited nature of previous treatment and the dramatic difference between then and now. Two chiropractic visits five years ago don’t explain herniated discs from a recent car accident.
Myth Five: Older Victims Can’t Prove Causation
Age-related conditions like arthritis, degenerative disc disease, or prior surgeries lead some older injury victims to believe they can’t prove the accident caused new problems.
Age and medical history don’t eliminate causation. They just require stronger medical evidence distinguishing between normal progression of existing conditions and trauma-related worsening.
Medical professionals provide opinions about whether changes in your condition are consistent with the accident mechanism or just natural progression. Timing matters too. If your arthritis was stable for years and suddenly worsened immediately after an accident, that temporal relationship suggests causation.
Myth Six: Settlement Values Are Always Reduced
Some believe pre-existing conditions automatically reduce settlement value proportionally. If you had 30% disability before and 60% after, you only get half the compensation.
Calculation is more sophisticated than simple percentages. We calculate based on the actual impact the accident had on your life. How much additional medical treatment did you need? How much more limited are you now compared to before? What’s your changed earning capacity?
Strong medical documentation showing clear worsening supports full compensation for the additional impairment and limitations caused by the accident.
Understanding Your Rights
Pre-existing conditions complicate injury claims but don’t eliminate them. What matters is proving the accident made your condition worse and documenting that worsening through comprehensive medical evidence.
If you’ve been injured in an accident and have concerns about how your medical history might affect your claim, discussing your situation with an attorney who handles injury cases can help you understand your rights and whether prior conditions actually impact your ability to recover fair compensation.