Getting into a car accident is bad enough, but if it makes a pre-existing condition worse, you might be concerned that you can’t seek compensation for the aggravated pain.
Texas law allows you to recover damages if an accident worsens your pre-existing condition. To do this, you’ll need to prove that the accident aggravated it or led to new complications that wouldn’t have happened naturally.
But this is easier said than done.
Insurance companies will try to downplay or deny your claim, arguing your pain was inevitable or unrelated to the crash. That’s why you need a skilled personal injury lawyer who can cut through the bull.
At No Bull Law, we’ve helped countless clients secure fair compensation, including those with pre-existing conditions.
We also offer free consultations — so you don’t have to pay upfront to get the legal advice you need.
Let's break down how Texas law protects you, how a lawyer can prove the accident worsened your condition, and what you can do to build a stronger car accident case.
Texas law recognizes that a vehicle accident can make an existing injury worse, and the at-fault party can still be held responsible for the additional harm they caused.
This is where the Eggshell Plaintiff Rule comes into play.
The Eggshell Plaintiff Rule is a common law doctrine that states the at-fault party is responsible for the full extent of the new harm caused to the accident victim, even if their pre-existing condition made them more susceptible.
This means that having a pre-existing health condition doesn’t give the at-fault party a free pass to avoid liability.
For example, let’s say you already had a back or neck injury, and the impact of the vehicle accident worsened your mobility issues. The at-fault party would be responsible for the added pain, medical costs, and suffering associated with your aggravated pre-existing condition.
But like we said, proving that the accident specifically worsened your injury is no cakewalk.
From medical records and expert opinions to accident reports, here’s how your car accident lawyer will build your personal injury case step by step:
1. Establish a Medical Baseline for Your Pre-Existing Condition
Your lawyer will first document the state of your condition before the crash by collecting past medical records that show your injury history and any prior treatments.
They’ll also consult with your doctors to establish whether your condition was stable, improving, or manageable before the accident.
2. Prove Causation or How the Accident Worsened Your Injury
Once your lawyer has established a medical baseline, they must prove that the accident was the direct cause of your condition worsening. This involves:
- Comparing pre- and post-accident medical records to highlight new symptoms, increased pain, or required treatments
- Obtaining expert medical testimony from specialists who can explain how the crash caused additional harm beyond what would have occurred naturally
- Using accident reports and witness statements to show the severity of the crash and its potential impact on your injury
3. File the Claim and Present Supporting Evidence
Your lawyer will officially file a personal injury claim with the at-fault party’s insurance company. This should include:
- A detailed demand letter outlining how the accident aggravated your pre-existing condition
- Medical records and expert reports proving the extent of the worsening injury
- Documentation of damages, including medical expenses, lost wages, and pain and suffering
It’s important that you file your claim accurately and within Texas’ two-year statute of limitations. This ensures that you’ll still be within the timeframe to initiate a lawsuit—if your personal injury claim goes sideways.
4. Insurance Company Counter Tactics
Insurance companies frequently try to minimize or deny claims involving pre-existing conditions by arguing that:
- Your symptoms are unrelated to the accident
- The injury would have worsened naturally over time
- You had prior pain or treatment, so the accident didn’t significantly change your condition
- And more
To strengthen your claim, a skilled personal injury attorney will anticipate these arguments and counter them with solid medical evidence, expert testimony, and legal precedents.
5. Negotiate a Car Accident Settlement
Your car accident lawyer will then negotiate with the insurance company to secure a fair car accident settlement that covers the additional harm caused by the accident, including related medical expenses, pain and suffering, and lost wages.
They’ll also push back against low personal injury settlements by presenting strong evidence of how the crash aggravated your injury.
If negotiations don’t lead to a fair settlement, your lawyer can represent you throughout the litigation process, presenting compelling arguments and evidence to guarantee you receive the compensation you deserve.
Our experienced litigators at No Bull Law have a proven track record in handling complex car accident lawsuit cases like these. In fact, studies show that claimants with legal representation receive 3 to 3.5 times more compensation on average than those who go it alone.
So, getting a lawyer puts you on the solid side of settlement negotiations.
But what else caThe good news? The good news? do to help your case?
While your car accident lawyer builds a strong personal injury case on your behalf, there are several things you can do to help improve your chances of a successful claim:
1. Get Medical Attention ASAP
Your health comes first, and getting medical care right away is crucial — not just for your recovery but also for your claim. Delaying treatment makes it harder to prove that the accident aggravated your prior injury or illness. Here’s what you need to do:
- Tell the medical team about your pre-existing medical condition and explain how your symptoms have changed since the crash.
- Request records from both before and after the accident to create a clear timeline of how your condition has been affected.
- Schedule an appointment as soon as possible for further evaluation and additional medical documentation.
- Track your symptoms daily, noting any new pain, mobility issues, or worsening of your condition.
- Stick to all recommended treatments, medications, and follow-ups to show that you are taking your recovery seriously.
2. Let Your Lawyer Handle Communication with Insurers
Insurance adjusters are trained to protect their company’s bottom line, not your best interests.
They use recorded and written statements to find inconsistencies, twist your words, or downplay your injuries. Even an innocent comment like “I’ve had this injury before” or forgetting to mention a past condition can be used against you.
That’s why you should never provide recorded or written statements to adjusters. Instead, let your personal injury lawyer handle all communication.
3. Be Honest About Your Pre-Existing Medical Condition
Hiding, downplaying, or exaggerating past injuries can damage your credibility and give insurers a reason to dispute your car accident claim.
Always be upfront with your personal injury lawyer so they can present your medical history accurately and clearly demonstrate how the accident worsened your condition.
They will also work with medical experts to provide supporting documentation that strengthens your personal injury case and helps maximize your compensation.
4. Do Not Give the Insurance Company Unlimited Access to Your Medical Records
Never sign a blanket medical release, as insurers will search for unrelated past injuries to deny or devalue your accident claim.
Instead, provide only records relevant to your crash injuries, with guidance from your personal injury attorney to prevent unnecessary privacy violations and protect your right to fair compensation.
Read about other personal injury claim mistakes you should avoid.
We’ll answer any remaining questions you may have next.
FAQs Related to Driving Accidents and Pre-Existing Conditions in Texas
Here are answers to some queries about settlements involving pre-existing conditions that were worsened by an accident:
1. What Damages Can You Recover in an Aggravated Pre-Existing Injury Settlement?
If you have an aggravated pre-existing condition, you may be entitled to several types of damages to cover the full extent of the harm:
- Medical Expenses: You can get compensation for all the treatment you need to address the aggravated condition, like doctor visits, surgeries, physical therapy, and medications. If you need long-term care, that’s covered too.
- Pain and Suffering: You can be compensated for the extra physical and emotional pain caused by the worsening of your prior injury.
- Lost Wages: If the aggravated injury keeps you from working, you can recover the wages you lose, both in the short term and long term if it impacts your ability to earn in the future.
- Loss of Quality of Life: If the injury affects your ability to enjoy life or do everyday activities, you can receive compensation for that loss.
- Permanent Disability or Impairment: If the aggravation causes lasting damage or disability, you can seek compensation for how it impacts your independence and ability to function in daily life.
2. What Factors Could Impact the Settlement Amount You Receive For an Aggravated Pre-Existing Condition?
The personal injury settlement amount you receive will depend on several factors:
- If the crash made your injury a lot worse, your pre-existing condition settlement could be higher.
- Strong documentation that shows a clear link between the accident and the worsening of your condition will help strengthen your car accident case.
- If the injury affects your ability to do everyday activities or work, this will be considered in your pre-existing condition settlement.
- If the injury requires ongoing treatment or causes lasting effects, this will increase the personal injury settlement amount.
- The skill of your legal counsel will also play a role in determining your settlement amount, which is why you should work with experienced personal injury attorneys.
Here are some common tactics insurers use to challenge claims:
- Blaming your condition, not the accident: Insurers may claim that your existing injury would have worsened over time anyway, regardless of the accident, and therefore, they aren’t responsible.
- Downplaying the severity of the aggravation: They might argue that the accident only had a minor impact on your existing injury and that you’re exaggerating your symptoms.
- Digging through your medical history: Insurance companies often request extensive medical records, looking for anything they can use to argue that your prior injury was already severe or that you weren’t properly managing it before the accident.
- Using their own medical experts: Insurers frequently bring in specialists who may claim that your condition hasn’t actually worsened or that any changes are insignificant.
- Pushing for lowball personal injury settlements: If they can’t outright deny your car accident claim, insurers may try to pressure you into accepting a low settlement, assuming you won’t have the resources to fight back.
- Pressuring you into settling quickly: Some symptoms take time to develop, and future medical costs may not be immediately clear. Insurance adjusters know this and may push for a fast settlement before the true impact of your aggravated condition is clear, leaving you under-compensated.
You Had a Condition, But They Caused the Collision
A pre-existing condition doesn’t erase your rights.
If an accident made your condition worse, you deserve compensation for the added pain, medical costs, and impact on your life.
The key?
Working with the personal injury law team.
At No Bull Law, we don’t fall for insurance company tricks — we build strong, evidence-backed cases that prove exactly how the accident worsened your condition.
Call No Bull Law today for a free consultation and let our personal injury law team fight for the compensation you’re owed — no runarounds, no nonsense, just results.
