How Texas Law Treats Pre-Existing Conditions After a Car Accident
You had a health condition that was manageable before your car accident. Now it’s significantly worse, and the insurance adjuster keeps asking about your medical history.
When a car accident aggravated a pre-existing condition, Texas law protects your right to compensation.
The insurance company owes you damages for the difference between your condition before and after the crash.
The Eggshell Skull Rule in Texas
Texas law says the at-fault driver is responsible for all your injuries, even if you were more vulnerable because of a pre-existing condition. This is called the eggshell skull rule.
This legal doctrine appears in Texas Pattern Jury Charges and has been affirmed by the Texas Supreme Court in cases like Leitch v. Hornsby.
What “Aggravation” Means Under Texas Law
Aggravation occurs when an accident makes a pre-existing condition significantly worse.
If your condition becomes permanently worse after the accident and never returns to how it was before, that qualifies for full compensation under Texas law.
Texas law distinguishes between temporary flare-ups and permanent worsening.
Temporary symptoms that return to baseline within weeks result in lower compensation than permanent changes requiring ongoing treatment.
You’re entitled to compensation for the difference between your pre-accident condition and your post-accident condition.
If the worsened condition limits your ability to work, earn income, or perform daily activities, you can recover for those losses.
Can You Get Compensation When a Car Accident Aggravates a Pre-Existing Condition?
Yes. Texas law allows compensation for aggravated pre-existing conditions. The key is proving the accident made your condition worse, not that you were injury-free before the crash.
Types of Pre-Existing Conditions Commonly Aggravated
Many types of pre-existing conditions can be aggravated in car accidents, including back and neck injuries, joint problems, arthritis, previous head injuries, and other health issues.
If your condition got worse after the crash, you likely have a claim.
Many car accident victims don’t realize they can recover for worsened conditions even without entirely new injuries.
How to Prove the Accident Worsened Your Condition
Courts focus on the change in your condition after the accident.
Building a clear timeline with the right documentation strengthens your case and counters insurance company arguments.
Key Documentation to Gather
Medical records from before and after the accident show what your condition was like and prove it got worse.
Diagnostic imaging and test results provide objective proof. Pain journals documenting daily impact and employer records showing missed work demonstrate real-world consequences.
DPS crash reports, photos from the accident scene, and witness statements help establish the severity of the collision.
The Role of Expert Testimony
Your regular doctors provide the strongest evidence because they’ve monitored your condition over time. They can explain exactly how your symptoms changed after the accident.
Getting your own medical expert to review your case helps counter insurance company doctors who almost always minimize your injuries and side with the insurer.
How Insurance Companies Deny Pre-Existing Condition Claims
Insurance companies search your medical history for anything they can use to reduce your claim.
When an insurance company is denying a claim based on pre-existing conditions, they’re betting you don’t know your rights.
Understanding how insurance companies handle claims helps you recognize their strategies.
Common Denial Strategies
Adjusters claim your condition existed before the crash and has nothing to do with the accident.
They blame natural degeneration or age for your worsening symptoms. They argue your treatment was unnecessary or excessive compared to your pre-accident care.
How to Push Back
Show your condition was stable before the crash with baseline medical records. Use before-and-after imaging to prove objective worsening.
Your regular doctors provide the strongest evidence because they’ve treated you over time and can explain exactly how your symptoms changed after the accident.
Don’t give insurance companies access to unrelated medical records without legal review. Work with your attorney to control what information gets released.
What to Expect in a Pre-Existing Condition Car Accident Settlement
Settlement values in pre-existing condition car accident cases depend on how much the accident worsened your condition and how well it’s documented.
Minor aggravation with temporary symptoms typically settles lower than cases involving permanent worsening requiring surgery.
Factors That Affect Your Settlement
Treatment needed, lost income, permanent disability, and pain and suffering all affect settlement value. And your age matters because younger people face decades of disability and treatment costs.
If the worsened condition limits your daily life, whether that’s work, caring for family, or activities you enjoyed, that factors into compensation.
Clear liability strengthens your position. When the other driver was clearly at fault, insurance companies know juries will likely award full damages.
FAQs About Pre-Existing Condition Claims in Texas
Can I get compensation if a car accident made my condition worse?
Yes. If the crash made it worse, you can recover for the added harm under Texas law.
The eggshell skull rule protects your rights even if you had pre-existing health issues.
How much is a pre-existing condition car accident settlement worth?
Settlement values depend on how much the accident worsened your condition, the treatment needed, lost income, and impact on your daily life.
Minor temporary aggravation settles lower than permanent worsening requiring surgery or ongoing care.
What if insurance denies my claim because of a pre-existing condition?
That’s a common tactic. Counter it with medical evidence showing a clear decline after the accident.
Your regular doctor’s testimony about the sudden worsening after the crash is your strongest defense.
How do I prove a car accident aggravated my pre-existing injury?
Consistent treatment records, updated diagnostics, doctor notes documenting increased symptoms, and personal impact statements all help prove worsening.
Comparative imaging showing objective changes provides the strongest evidence.
Will having a pre-existing condition reduce my settlement?
Not necessarily. The focus is on the aggravation, not the pre-existing condition itself.
Texas courts award compensation for the worsening caused by the accident, and the eggshell skull rule protects your right to full compensation.
Get Car Accident Help Now
We’ve spent over 30 years handling complex injury cases where insurance companies try to blame pre-existing conditions.
We know how to build medical evidence that proves genuine aggravation and present your case in ways that maximize compensation.
Contact us today for a free case evaluation.
