Car Accidents With a Pre-Existing Condition Guide

Car Accidents in El Paso, Texas, With a Pre-Existing Condition

How the “eggshell skull rule” works, what insurers look for, and how the right medical documentation protects your recovery and your claim.

Car accidents are stressful. They can be even more confusing if you already had a health problem before the crash—like chronic neck pain, a prior back injury, arthritis, sciatica, migraines, or an old sports injury. Many people in El Paso, Texas, ask the same question:

“If I was already hurting before the crash, can I still get help and compensation if the wreck made it worse?”

In many cases, the answer is yes—but the key is proving what changed after the collision. Texas law generally allows compensation when a crash aggravates (worsens) a pre-existing condition. This process is often explained through the “eggshell skull” (also called “eggshell plaintiff”) rule, meaning the person who caused the crash must take the injured person “as they are,” even if they were more vulnerable to injury.

Below is a clear, easy-to-follow guide to what this rule means, what to do next, and why visiting a clinic experienced in auto injuries can make a significant difference—especially for proper documentation and safe recovery.

Important note: This is general educational information, not legal advice. Every case is different. Consider speaking with a licensed Texas attorney for legal guidance.

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What counts as a “pre-existing condition”?

A pre-existing condition is anything you had before the crash, even if it was stable or “under control.” Common examples include:

• Degenerative disc disease or arthritis

• Old whiplash or prior back/neck injuries

• Prior herniated discs

• Shoulder or knee injuries

• Fibromyalgia or chronic pain conditions

• There have been prior surgeries on the spine and joints.

• Nerve symptoms like numbness/tingling that existed before

Having one of these does not automatically ruin your case. But it often means you need clearer medical proof showing the crash caused a flare-up, a new injury, or a measurable worsening.

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The “eggshell skull rule” in Texas, in plain language

Here’s the idea:

If a driver causes a wreck, they are responsible for the harm they cause—even if the injured person’s body was already more likely to be hurt.

If two people are hit in the same way and one has a preexisting condition that worsens the injury, the at-fault driver can still be responsible for the full impact of their actions.

Texas jury instructions also recognize the concept of paying for the aggravation of a pre-existing condition, meaning damages can be tied to the worsening caused by the crash (not necessarily the entire history of the condition).

A simple example

• You had mild, occasional low back pain for years.

• After the crash, you now have constant pain, leg numbness, and cannot sit for long.

• Your imaging and exam show new findings or a clear worsening pattern.

That difference—before vs. after—is what matters most.

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What you must prove: “worsened by the crash”

Insurance companies often try to argue:
“This was already there.”

Your job (through medical records and sometimes expert opinions) is to show:
“It was there, but the crash made it worse.”

That usually means documenting one or more of the following:

• New symptoms (new numbness, new weakness, new headaches, new radiating pain)

• More severe symptoms (higher pain levels, more frequent flares)

• New functional limits (can’t work, can’t lift, can’t drive long)

• New diagnoses (for example: acute sprain/strain, concussion symptoms, disc injury)

• Objective findings on exam (range of motion loss, neurologic changes)

• Imaging or testing that supports a change (when clinically appropriate)

Many law resources emphasize that these cases are “winnable,” but they require stronger documentation and clear causation.

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Why insurance companies push back so hard

When pre-existing conditions exist, insurers may try to limit payouts by saying:

• Your pain is from “normal aging,” not the crash

• You are blaming an old injury on a new event

• Your symptoms would have happened anyway

• Treatment is “excessive” or “not related”

This is why consistent medical care and accurate records matter. Many legal resources emphasize that careful documentation and medical support are often the difference between a weak and a strong claim.

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The biggest mistake: waiting too long for medical care

Some crash injuries show up later. People often try to “tough it out,” especially if they already had pain before. But delays can create two problems:

1. Health risk: hidden injuries can worsen without care.

2. Claim risk: the insurer may argue the crash didn’t cause it if you waited.

If you feel worse after a crash—even if you had pain before—get evaluated.

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What to do after a crash when you have a pre-existing condition

Here’s a practical checklist that aligns with recommendations from many injury-claim resources.

Step-by-step actions

• Get checked out ASAP, especially if pain increases or new symptoms appear.

• Inform your provider of your prior health conditions and any changes since the crash.

• Track your symptoms daily (pain levels, sleep, function, headaches, and numbness).

• Follow the treatment plan and attend visits consistently (gaps can weaken documentation).

• Keep records: visit summaries, imaging reports, work notes, and medication changes.

• Consider legal guidance if liability is disputed or the insurer pushes back (especially common with pre-existing conditions).

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What “good medical documentation” looks like

The phrase “document everything” shows up again and again in injury claim guidance—because documentation is what connects the crash to the worsening condition.

Strong documentation often includes:

• A clear history: what symptoms existed before, and what changed after

• Measured exam findings: range of motion, orthopedic tests, neurologic checks

• A functional picture: walking tolerance, sitting time, lifting ability, work limits

• A diagnosis and plan tied to findings

• Progress notes showing response (or lack of response) to care over time

Some clinics even emphasize that proper documentation supports both care decisions and the injury claim process.

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Why an auto-accident-focused clinic can help in El Paso

When you already have a pre-existing condition, you often need a provider who can do more than a quick “pain check.” You may need:

• A careful spine and joint evaluation

• Neuromusculoskeletal testing when appropriate

• A plan that addresses both pain relief and functional recovery

• Clear documentation that shows baseline vs. post-crash change

This is one reason some people look for clinics that regularly handle auto-injury cases and understand documentation requirements without compromising safety or medical decision-making.

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Clinical observations from Dr. Alexander Jimenez, DC, APRN, FNP-BC

In El Paso, Dr. Alexander Jimenez frequently emphasizes that many crash patients do not present with a single, simple injury. In his auto-accident care and personal injury content, he emphasizes comprehensive evaluation, individualized rehab plans, and long-term functional recovery—especially for people whose cases are more complex (like those with prior injuries).

Across his clinic information, several themes come up that matter directly for pre-existing conditions:

• Deep triage and comprehensive evaluation to identify what’s driving symptoms now, not just what existed in the past.

• Medically integrated care, which incorporates both chiropractic and medical clinical perspectives, is crucial for addressing complex injury patterns.

• The importance of clear, defensible documentation—especially in injury cases that may involve legal depositions and detailed testimony.

In plain terms: if you already had back or neck problems, the goal is not to “erase your history.” The goal is to show what changed after the crash and build a safe plan to restore function, reduce pain, and prevent chronic problems.

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What kinds of compensation can be involved when a condition worsens?

When a crash aggravates a pre-existing condition, the claim often focuses on damages linked to the worsening, such as:

• New medical bills and rehab costs

• Increased pain and suffering

• Lost income or reduced ability to work

• Future care needs if the condition is now harder to manage

Many Texas-focused resources explain that pre-existing conditions do not automatically disqualify someone from damages, but they can make the process more contested—meaning you need solid evidence.

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Quick FAQ

“Do I have to tell the doctor about my old injury?”

Yes. Be honest. It helps your clinician make safer decisions and improves credibility if your records clearly explain what changed after the crash.

“What if the insurer says it’s just ‘degeneration’?”

That’s a common defense. Your medical records can still show that the crash caused a flare, new symptoms, or functional loss. The most persuasive cases typically present a clear before-and-after timeline and consistent care.

“What if pain starts days later?”

That can happen. But it’s still smart to get evaluated early and document symptoms as soon as you notice them.

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Bottom line for El Paso drivers

If you had a pre-existing condition and a car crash made it worse, Texas law generally recognizes that you can still pursue compensation under principles commonly described as the eggshell skull (eggshell plaintiff) rule.

But the real-world success of these cases often depends on:

• Getting checked out promptly

• Clear documentation of what changed

• Consistent follow-up care

• A treatment plan focused on function, not just temporary relief

• Strong medical records that connect the crash to the aggravation

If you’re in El Paso and you want expert care, many people choose a clinic that regularly evaluates auto injuries and understands the importance of detailed injury documentation as part of the healing process.

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References

• Abraham Watkins Nichols Agosto Aziz & Stogner. (n.d.). Do pre-existing conditions disqualify me from damages in a personal injury case?

• Butler Snow LLP. (2022, January). What’d I miss? Texas pattern jury charge revisions (PDF)

• Comprehensive Accident & Injury Center. (n.d.). Didn’t go to the doctor after a car accident? Here’s why it matters

• Comprehensive Accident & Injury Center. (n.d.). Doctor or chiropractor after a car accident: Who should you see?

• Foundation Chiropractic Clinic. (n.d.). Auto injuries

• GDL Firm. (n.d.). Will a pre-existing condition affect my personal injury claim in Texas?

• GTA Law. (n.d.). Impact of pre-existing conditions on personal injury claims

• HLAW (Hughes & Laughlin Law Firm). (n.d.). Pre-existing injury accident in Texas

• Jimenez, A. (n.d.). Car accident specialist in El Paso, TX

• Jimenez, A. (n.d.). Chiropractic depositions: Enhancing legal testimony

• Jimenez, A. (n.d.). Telemedicine personal injury doctor in El Paso

• No Bull Law. (n.d.). Aggravated condition car accident settlement in Texas

• Reyes Law Firm. (n.d.). Accident aggravated a pre-existing condition

• Smith & Hassler. (n.d.). What happens if a car accident worsens a pre-existing condition?

• STL Injury Law. (n.d.). What to do if a car accident aggravates a pre-existing condition

• Texas Bar Practice. (2018). Texas pattern jury charges—General negligence (list of charges) (PDF)

• Your Back In Line Now. (n.d.). Been hurt in an auto accident