The insurance adjuster just told you they found medical records showing you complained about back pain three years ago, and now they're arguing your current back injury came from that old problem, not the recent accident. You're worried that past medical issues will destroy your claim even though you know this accident made everything worse. Prior medical records create challenges in injury cases, but they don't automatically disqualify you from compensation when defendants make your pre-existing conditions significantly worse.
Lawyers discuss how insurance companies routinely weaponize prior medical records to reduce claim values unfairly. A spinal cord injury lawyer can distinguish between pre-existing conditions and new or aggravated injuries, protecting your right to compensation for harm actually caused by the accident despite your medical history.
The Eggshell Plaintiff Rule Protects You
Legal doctrine recognizes that defendants take victims as they find them. The eggshell plaintiff rule means at-fault parties remain fully liable even when your pre-existing vulnerability makes you more susceptible to injury than a healthier person would have been.
If you have degenerative disc disease and a minor accident causes a herniated disc that wouldn't have injured someone without your condition, the defendant is still fully liable. Your pre-existing vulnerability doesn't reduce their responsibility for the harm they caused.
This rule applies to all types of pre-existing conditions whether physical vulnerabilities, prior injuries, or chronic illnesses. The law doesn't require you to be in perfect health to deserve full compensation for accident-related harm.
Aggravation Of Pre-Existing Conditions
Accidents often worsen conditions that existed before collisions. If you had manageable arthritis that becomes severe and disabling after an accident, you can recover for the aggravation even though you can't claim the underlying arthritis itself.
The key distinction is between your baseline condition before the accident and the increased severity afterward. Medical records documenting your status before the collision establish what you were dealing with, and post-accident records show how much worse things became.
Comparing your pre-accident and post-accident medical status proves what the collision added to your life. You're seeking compensation for the worsening of your condition, not for problems that existed independently of the accident.
How Insurance Companies Misuse Medical History
Defense attorneys and insurance adjusters scour your medical history looking for anything they can use to argue your current complaints aren't new. A single mention of headaches five years ago becomes evidence that your post-accident migraines aren't accident-related.
This strategy ignores important context. Everyone experiences occasional headaches, minor back pain, or other common complaints. These routine issues documented in medical records don't mean you had chronic problems requiring treatment or limiting your activities.
Insurance companies also try to attribute all your current symptoms to old injuries regardless of medical evidence showing new trauma. Finding any prior complaint about an injured body part gives them ammunition to argue the accident didn't cause your current problems.
The Importance Of Baseline Documentation
Medical records from before the accident establish your health status and activity level prior to the collision. These records prove you were functioning well despite any pre-existing conditions, distinguishing between managed chronic issues and new acute problems.
If you saw doctors twice yearly for routine arthritis management before the accident but now require weekly physical therapy and pain management, the contrast demonstrates the accident's impact. Your pre-accident records show the condition was stable and controlled.
Gaps in treatment before the accident actually help your case. If you hadn't sought treatment for back pain in three years when the accident occurred, that gap proves the condition wasn't actively bothering you and didn't require medical intervention.
When Pre-Existing Conditions Help Your Case
Sometimes prior medical records strengthen rather than weaken claims. Records showing you were active despite chronic conditions before the accident but now severely limited demonstrate how much the accident worsened your situation.
Previous injuries that had healed provide baselines showing you recovered fully before. If you broke your arm five years ago, healed completely, and now broke it again in the accident, the prior injury doesn't suggest current damage is pre-existing.
Medical records documenting successful treatment of prior conditions prove those issues were resolved. Treatment notes saying you'd fully recovered or were discharged from care establish that old problems weren't active when the accident occurred.
Distinguishing New Injuries From Old Problems
Your treating physicians play vital roles in distinguishing new trauma from pre-existing conditions. Their medical opinions about what injuries the accident caused versus what problems existed before provide powerful evidence countering insurance company arguments.
Diagnostic imaging showing new damage alongside old conditions helps separate accident-related injuries from prior issues. An MRI revealing a fresh disc herniation next to previously existing degeneration demonstrates both conditions exist but the herniation is new.
The mechanism of injury supports claims that problems are new rather than pre-existing. If you've never had shoulder pain but the specific collision forces explain how your shoulder was injured, medical causation connects your current complaints to the accident.
Types Of Pre-Existing Conditions
Common pre-existing issues that complicate claims include:
- Degenerative disc disease or arthritis
- Prior injuries to the same body parts
- Chronic pain conditions
- Previous surgeries in affected areas
- Congenital conditions affecting bones or joints
- Autoimmune diseases
- Mental health conditions
Having any of these doesn't disqualify you from compensation. The question is always whether the accident made things worse or caused new problems, not whether you were completely healthy before.
The Apportionment Concept
When you have pre-existing conditions, damages may be apportioned between what existed before and what the accident caused or worsened. This means calculating compensation based on the new or increased harm rather than total current damages.
If your chronic condition required $5,000 in annual treatment before the accident and now requires $30,000, you can recover the additional $25,000 the accident caused. You're not claiming compensation for the baseline condition, only for how the accident made it worse.
Medical professionals can testify about what percentage of your current problems results from the accident versus pre-existing issues. These expert opinions help juries apportion damages fairly between new injuries and aggravation of old conditions.
Being Honest About Medical History
Never hide or lie about pre-existing conditions. Insurance companies obtain complete medical records and discover prior issues regardless of what you tell them. Dishonesty destroys your credibility and can result in complete claim denial.
Full disclosure allows your attorney to develop strategies addressing pre-existing conditions directly. Trying to hide prior injuries only gives insurance companies ammunition to argue you're dishonest about everything.
Medical authorization forms give insurance companies broad access to your health history. They'll find that old back injury or previous accident whether you mention it or not. Honesty from the beginning allows proper case development.
When Records Seem Worse Than Reality
Sometimes medical records make conditions sound more serious than they were. A doctor might document "chronic back pain" based on your report of occasional soreness, creating records suggesting ongoing problems when you actually functioned fine.
Explain these discrepancies clearly. If records mention chronic pain but you only took over-the-counter medication occasionally and never missed work or activities, that context matters. Your actual limitations before the accident tell a more accurate story than potentially misleading medical documentation.
Defending Against Pre-Existing Condition Arguments
Strong evidence showing functional differences before and after the accident counters claims that current problems are pre-existing. If you worked full-time, exercised regularly, and managed household tasks before but now can't work or handle daily activities, that dramatic change proves the accident's impact.
Testimony from family, friends, and coworkers about your capabilities before the accident provides outside validation of your functional status. Their observations that you were active and healthy despite any chronic conditions strengthen claims that accident injuries are new or significantly worse.
Independent Medical Examinations
Insurance company doctors performing independent medical examinations often emphasize pre-existing conditions while minimizing accident injuries. They review your medical history looking for prior complaints about injured body parts to support arguments that current problems aren't new.
Your treating physicians who've seen you both before and after the accident provide more reliable opinions about how your condition changed. Their longitudinal knowledge of your health carries more weight than one-time examinations by insurance company doctors.
The Role Of Age And Degeneration
Insurance companies argue that findings like degenerative disc disease or arthritis on imaging studies result from aging rather than accidents. They claim everyone your age has similar degeneration that's unrelated to trauma.
Medical professionals can distinguish between age-appropriate degenerative changes and traumatic injuries. Acute disc herniations, ligament tears, and fractures are clearly traumatic regardless of underlying degeneration. Both conditions can exist simultaneously.
Settlement Impact Of Pre-Existing Conditions
Pre-existing conditions affect settlement negotiations because insurance companies use them to argue for reduced values. However, well-documented cases showing clear aggravation or new injuries despite prior conditions still command significant compensation.
The strength of medical evidence distinguishing new trauma from old conditions determines how much pre-existing issues reduce settlement values. Strong medical opinions supporting accident causation minimize the impact of prior medical history.
Protecting Your Injury Claim Value
Pre-existing conditions create challenges but shouldn't prevent fair compensation when accidents cause new injuries or significantly worsen existing problems. The law protects your right to recovery for harm actually caused by defendants' negligence regardless of your health before the accident.
If insurance companies are using your prior medical records to argue against your current injury claim or you're concerned about how pre-existing conditions might affect your case, reach out to discuss strategies for distinguishing new or aggravated injuries from baseline conditions and pursuing full compensation despite your medical history.