Why Having a Pre-existing Condition Does Not Cancel Your Right to Compensation

Many accident victims worry that a prior injury or medical condition will destroy their personal injury claim. Insurance companies often lean into this fear. Arguing that your pain existed before the crash, so they should not have to pay.

Texas law disagrees.

Under the “eggshell plaintiff” rule, a negligent driver must take an injured person as they find them—even if that person was more vulnerable to injury because of a pre-existing condition.

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I. What the “Eggshell Plaintiff” Rule Means in Plain English

The rule is simple:

If someone’s negligence causes or worsens an injury, they are responsible for the harm—even if the injured person was already fragile or prone to injury.

In other words, defendants cannot avoid liability just because you had a bad back, a prior surgery, arthritis, or a chronic condition before the accident.

Texas courts have long recognized that aggravating a pre-existing condition is compensable under personal injury law.
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II. You Can Recover for Aggravation—Not for Old Injuries Alone


There is an important limit. Texas law allows recovery for:

  • Worsening of a pre-existing condition
  • New symptoms caused by the accident
  • Increased pain, disability, or medical treatment


But it does not allow recovery for pain or disability that existed independent of the accident.

Texas courts often instruct juries to award damages only for the aggravation caused by the defendant’s negligence—not for the underlying condition itself.

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III. Texas Courts Have Repeatedly Rejected the “You Were Already Hurt” Defense


Texas case law consistently supports injury victims when insurers try to shift blame to old injuries.

Courts have held that:

  • A prior condition does not defeat a claim if the accident made it worse
  • Defendants must prove a prior injury was the sole cause of current symptoms
  • Conflicting medical evidence is for the jury to resolve


If medical testimony shows the accident caused or aggravated the condition, the claim survives—even when the plaintiff had a documented medical history.

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IV. Why Insurance Companies Focus on Pre-Existing Conditions


Insurers commonly use prior injuries to:

  • Reduce settlement value
  • Create doubt about causation
  • Argue symptoms are unrelated
  • Push for low or zero pain-and-suffering damages


This strategy works best against unrepresented claimants. With proper medical evidence and legal framing, it often fails in court.

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V. How Juries Decide These Cases in Texas


When pre-existing conditions and accident injuries overlap, Texas juries are tasked with answering:

  • Did the accident cause new harm?
  • Did it aggravate an existing condition?
  • How much of the injury is attributable to the crash?


If injuries are closely intertwined, juries may still award damages so long as the defendant’s negligence played a role. Courts recognize that precise medical separation is not always possible.

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VI. Why Early Legal Guidance Matters


Cases involving pre-existing conditions require careful handling of:

  • Medical records
  • Expert testimony
  • Causation opinions
  • Jury instructions


Handled correctly, a prior injury does not prevent recovery. Handled poorly, it can be used to drastically undervalue a valid claim.

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VII. Conclusion


Having a pre-existing condition does not disqualify you from compensation under Texas law.


  • Defendants are liable for aggravation of prior injuries
  • Insurers must prove the prior condition was the sole cause
  • Juries—not adjusters—decide causation disputes
  • Medical evidence is critical


If you were injured in a Texas accident and have a prior injury or condition, your case deserves a full legal evaluation—not an insurance shortcut.

Our firm helps injury victims push back against unfair blame-shifting and fight for full compensation under Texas law.

Contact Wyde & Associates today to protect your claim and your recovery.

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