How a Pre-Existing Injury Affects Your Car Accident Settlement
Car accident claims often become more complicated when a pre-existing injury is involved. Old symptoms may worsen, treatment plans may need adjustment, and insurance companies usually argue that your current condition is unrelated to the crash.
At the Law Office of Shane R. Kadlec, we have represented individuals injured in Houston and its surrounding communities since 1996, and we know how to address these challenges effectively.
In this article, we explain how pre-existing conditions impact a Texas car accident settlement, what aggravation means under the law, how liability is determined, and the rule that protects individuals who are more vulnerable to injury.
What Constitutes Aggravation of a Pre-Existing Condition?
Aggravation occurs when a crash exacerbates a prior injury or health condition. This can result in increased pain, new movement limitations, or additional complications that were not previously present.
Think of a quiet back issue that turns into daily spasms after a rear-end hit, or a repaired knee that swells and locks following a collision. In personal injury law, the worsening is treated like new harm so that you can pursue compensation for added pain, treatment, and lost function tied to that change.
With that idea in mind, it helps to consider the types of problems we often encounter after crashes.
Examples of Aggravated Injuries in Car Accidents
Car accidents often turn manageable conditions into something that truly interferes with work and home life. Here are common patterns we see.
- A back injury from a past fall that becomes more painful.
- A knee surgery from years ago that flares up and causes increased pain.
- A pre-existing neck condition that worsens, resulting in chronic discomfort and limited mobility.
- A prior shoulder injury that becomes debilitating and affects mobility.
- A previous wrist injury that escalates, causing long-term pain and disability.
If this sounds familiar, documenting the before-and-after difference becomes the heart of your claim.
Defining a Pre-Existing Condition
A pre-existing condition is any injury or health issue you had before the crash. It can be something acute, such as an old fracture, or a chronic problem, like arthritis or degenerative disc disease.
Even though the condition was there first, an at-fault driver can still be responsible for the added harm if the wreck worsened it. The focus is on the change caused by the collision.
Common Types of Pre-Existing Injuries or Conditions
These cases cover a wide range of health problems. Common examples include back injuries like herniated discs or sciatica, joint problems in the knee, shoulder, or hip tied to arthritis or prior surgery, and neck issues such as whiplash or cervical disc disease.
We also see aggravation of old surgical sites, like hip or back surgery, and long-standing conditions such as fibromyalgia or nerve damage. Each one needs careful medical comparison, before and after the crash.
Aggravated vs. Exacerbated Injuries: What’s the Difference?
Aggravated means a lasting worsening, such as stronger symptoms, additional limitations, or new treatment needs that do not quickly subside. Exacerbated usually refers to a temporary flare-up that resolves back to baseline with short-term care.
The label matters, since it affects the scope of damages you can pursue. A clear medical opinion helps determine which category best fits your situation.
How Pre-Existing Injuries Impact Your Personal Injury Claim
If the wreck worsened your condition, that change can be part of your claim. You can pursue money for added care, added pain, and new limits that came after the crash.
The primary task is to demonstrate the connection between the crash and the change. That is where accurate records, imaging, and honest reporting of symptoms carry significant weight.
The Aggravation Claim
Sometimes there is no brand-new injury, only a worsening of what was already there. You can still bring a claim focused on the aggravation itself.
This type of claim seeks recovery for the added pain, extra treatment, and new limits tied to the crash’s impact on your condition. The value depends on the size of that change and how well it is documented.
Determining Liability in Pre-Existing Injury Cases
Having a pre-existing condition does not block you from pursuing compensation. What matters is showing the crash made things worse or created additional harm you did not have before.
Causation
Your case requires a straightforward narrative that establishes the collision as the cause of the worsening. That includes showing increased pain, new restrictions, or a stepped-up treatment plan that follows the crash.
Consistency across your statements, medical notes, and imaging is crucial here.
Next, you need a strong connection between the medical evidence and the change you are reporting.
Clear Link
It is not enough to say symptoms are worse. You need proof from both sides of the timeline.
- Medical records: side-by-side comparisons from before and after the wreck.
- Medical professional testimony: a clinician who explains how the crash contributed to the aggravation and why the difference is real.
Even with strong proof, insurance carriers often press counterarguments.
Overcoming Defense Arguments
Insurers often claim your current symptoms are unrelated or inevitable. Your goal is to show that the crash triggered the change or advanced the condition to a more severe stage.
When the record is clear and consistent, those arguments lose steam.
Texas Law and the ‘Eggshell Plaintiff’ Rule
Texas follows the “Eggshell Plaintiff Rule”, which protects more vulnerable individuals. In plain terms, a negligent driver takes the injured person as they find them.
If the crash makes your condition worse, the at-fault party can be responsible for the full harm caused by that change. The rule supports fair compensation even when your body is more likely to be hurt.
That protection applies to both physical and mental health impacts linked to the collision.
Steps to Take If a Car Crash Aggravates a Pre-Existing Injury
You can pursue compensation for increased pain, added treatment, and new limits caused by the crash. The steps below strengthen that process.
- Seek immediate medical attention: Get checked right away, and explain your prior condition and new symptoms.
- Keep detailed records: Track pain levels, changes in mobility, sleep issues, and activity limitations.
- Gather medical evidence: Collect pre-accident and post-accident records, imaging, and treatment plans.
- Consult with an experienced attorney: A lawyer can line up the proper evidence and present the medical story clearly.
Small gaps in care or vague notes can weaken a strong case, so stay focused on treatment and documentation.
Damages Recoverable in an Aggravated Pre-Existing Injury Settlement
Available damages can reflect the increased severity and the changes to your life. That includes medical expenses tied to the worsening, pain and suffering, lost wages when you cannot work, loss of quality of life, and permanent impairment when long-term limits are involved.
Future costs matter too, such as follow-up imaging, injections, therapy, or surgery that may become necessary after the wreck. The stronger the proof of that added need, the more precise the value.
Factors Affecting a Pre-Existing Condition Settlement Amount
Settlement value depends on how much the condition has worsened, how clearly the evidence demonstrates the change, and how your daily life and work have been affected. A clean medical timeline is a big help.
| Factor | What It Shows | Effect on Value | Notes |
| Severity of Worsening | Increase in symptoms, limits, or need for care | Greater worsening can raise the value | Document daily impact and clinical findings |
| Medical Evidence | Before-and-after records and imaging | Clear proof strengthens causation | Detailed clinician opinions help a lot |
| Treatment Consistency | Regular care that matches complaints | Steady care supports credibility | Missed visits can hurt the claim |
| Work and Life Impact | Time off, job limits, lost activities | Visible losses can increase value | Use employer notes and calendars |
| Prognosis | Need for future care or surgery | Future costs add to the damages | Get clear recommendations in writing |
Values can vary by injury type. Aggravated neck cases often turn on range-of-motion loss and headaches, back cases on imaging and functional limits, and knee cases on swelling, instability, and surgical recommendations.
Mistakes to Avoid When Filing an Aggravated Pre-Existing Condition Claim
These cases are complex, and even minor missteps can escalate. Keep an eye on the points below.
- Don’t downplay symptoms: be thorough and honest about changes.
- Don’t skip medical treatment: consistent care shows the problem is real.
- Don’t neglect records: missing documentation makes proof harder.
- Don’t hide information: full disclosure protects your credibility.
- Don’t assume the insurer will be fair: be ready with substantial evidence.
- Don’t settle too quickly: talk to a lawyer before you sign anything.
A solid plan from day one saves time and reduces stress later.
Why You Need a Lawyer for an Aggravated Pre-Existing Condition Claim
Legal representation keeps the focus on the change caused by the crash, which is the heart of your claim. Your attorney gathers records, works with your doctors, and presents the medical story in a way that is clear and persuasive.
We also handle insurance pushback, from broad medical releases to arguments that the wreck had nothing to do with your symptoms. That frees you to focus on healing.
Protect Your Rights After a Car Accident
Insurance companies often use pre-existing injuries as an excuse to deny or reduce fair compensation. At the Law Office of Shane R. Kadlec, we have been advocating for injured Texans since 1996 and know how to effectively counter these arguments.
If a crash has worsened an old condition or left you with new challenges, call (281) 643-2000 or visit our Contact Us page to schedule a consultation. We will review your case, explain your options, and fight for the settlement you deserve.
