Pre-Existing Conditions and Settlement Value: How Prior Injuries Affect Your Claim 2025

Many accident victims worry pre-existing conditions will destroy their case. While prior injuries do complicate claims, you can still recover for aggravation of pre-existing conditions.

How Pre-Existing Conditions Affect Settlements

Insurance companies will argue your current complaints are from prior injuries, not the accident. This typically reduces settlement offers by 20-50%.

Example

If your car accident aggravated a pre-existing herniated disc:

• Without pre-existing condition: $150,000 settlement
• With pre-existing condition: $75,000-$100,000 settlement (for the aggravation)

The "Eggshell Plaintiff" Doctrine

You "take the plaintiff as you find them"—defendants can't reduce damages just because you were more vulnerable due to pre-existing conditions.

Example

If you had degenerative disc disease, and the accident caused a herniation that wouldn't have occurred in a healthy person, the defendant is still fully liable.

The Aggravation Doctrine

You can recover for:

• Aggravation of prior injury: Making an old injury worse
• Acceleration of degeneration: Speeding up inevitable deterioration
• New symptoms: Causing pain where you had none

Common Pre-Existing Conditions

Degenerative Disc Disease

Most adults over 40 have some disc degeneration. You can still recover if the accident caused:

• New herniations or bulges
• Increased pain requiring treatment
• Need for surgery you wouldn't have needed otherwise

Arthritis

Accident-related aggravation of arthritis is compensable if you can show increased pain, decreased mobility, or need for new treatment.

Prior Surgeries

Previous surgeries don't bar recovery, but insurance will argue your spine/joint was already compromised.

Chronic Pain Conditions

Fibromyalgia, chronic back pain, migraines—accidents can worsen these conditions.

Protecting Your Claim

Be Honest About Medical History

Never hide prior injuries. Insurance companies will obtain your medical records, and lying destroys credibility.

Distinguish Pre-Accident vs Post-Accident Symptoms

Clearly document what was different after the accident:

• "Before the accident, my back occasionally hurt after long drives. Now I have constant pain and cannot sit for 30 minutes."
• "I had back stiffness before, but never needed pain medication. Now I require daily medication."

Get Pre-Accident Medical Records

Obtain records showing your pre-accident condition was stable, well-managed, or asymptomatic.

Use Expert Testimony

Doctors can testify that the accident caused aggravation distinct from natural degeneration.

Insurance Company Tactics

Surveillance

Insurers may hire investigators if you claim disability but have prior injury history.

Independent Medical Exams (IME)

Defense doctors will attribute all symptoms to pre-existing conditions. Your doctor must rebut this.

Blame Prior Injuries

Every symptom will be attributed to prior conditions unless you prove otherwise.

Calculating Damages with Pre-Existing Conditions

You can recover for:

• NEW medical expenses (not prior treatment costs)
• INCREASED pain and suffering
• ADDITIONAL lost wages due to aggravation
• Cost of surgery needed BECAUSE of the accident

Example Case Scenarios

Scenario 1: Stable Pre-Existing Condition

You had a herniated disc 5 years ago, fully recovered, no symptoms for 3 years. Car accident causes new herniation at different level.

Result: Full compensation—prior injury was resolved and new injury is independent.

Scenario 2: Symptomatic Pre-Existing Condition

You had ongoing back pain from degenerative disc disease, managed with occasional physical therapy. Accident causes herniation requiring surgery.

Result: Reduced compensation—but you can recover for aggravation and surgical need.

Scenario 3: Asymptomatic Degeneration

MRI shows degenerative changes but you had NO pain before accident. Accident causes symptoms.

Result: Strong claim—asymptomatic degeneration isn't compensable, but accident-caused pain is.

Tips for Maximizing Settlement

• Emphasize you were functioning normally before accident
• Show treatment gaps before accident vs continuous treatment after
• Get work records showing no missed time before vs disability after
• Have doctors testify accident was "substantial contributing factor"

Calculate Your Settlement

Use our settlement calculator to estimate your claim value. Pre-existing conditions reduce settlements, but don't eliminate them—you can still recover significant compensation for aggravation.