Pre-Existing Injuries in Personal Injury Claims: How Defense Arguments Are Built and How to Counter Them
If you’ve been injured, you may have already faced this question from the insurance adjuster: “Have you ever had any problems with your back before?” As soon as you answer yes, even if it’s just a minor strain from years ago or an old injury you thought was healed, the conversation changes. Suddenly, the insurance company sees you as someone with a pre-existing condition. They think this gives them a way to avoid paying you what you deserve.
This isn’t an accident. Insurance companies use pre-existing injuries as a standard tactic. They look for anything in your medical history they can use to argue that your pain isn’t new, but just part of an old problem. Their goal is to downplay what happened to you and pay as little as possible. At Parker Law Firm, we don’t see your medical history as a weakness. It’s the starting point for showing exactly how much harm was done to you.
The Insurance Company’s Favorite Playbook: The Pre-Existing Injury Defense
The pre-existing injuries defense is one of the most common and automatically deployed tactics in personal injury law. It is built on a simple, yet misleading, premise: if you were already injured or had a degenerative condition, then the person who harmed you isn’t fully responsible for your current suffering. The insurance company’s lawyers will pour over your medical records, searching for any note, any complaint. The pre-existing injury defense is one of the most common tactics insurance companies use. They claim that if you already had an injury or a condition, the person who caused your accident isn’t fully responsible for your current problems. Their lawyers will go through your medical records, looking for anything they can use to say your pain was already there. They want to argue that the accident just made an old issue show up again, not that it caused new harm. Your body’s history will be used against you in court. They are trying to write a story where you are the unreliable narrator of your own pain. Our job is to ensure the true story is told a story of validation for what you are enduring now and a story of restoration for what was taken from you.
You Are Not a Liability: Understanding Your Rights Under the Law
Many people worry that having a pre-existing condition means they can’t get justice. That’s not true. The law actually protects people in this situation. There’s a rule called the “Eggshell Plaintiff” rule. It means that if someone hurts you, they are responsible for all the harm they cause, even if you were more likely to be injured because of a prior condition.
This means that if a person is more susceptible to injury due to a pre-existing condition, such as brittle bone disease, a previously weakened spine, or a degenerative disc, the negligent party is still responsible for all the harm they cause. The fact that a healthier person might have walked away from the same accident with only a few bruises is legally irrelevant. The defendant, and by extension their insurance company, cannot use your unique vulnerability as a defense. They broke it, they bought it, and the law says they are responsible for the actual damage done to you, not the damage that might have been done to someone else. This isn’t some obscure legal loophole; it is a cornerstone of justice, ensuring that the most vulnerable among us are not left without recourse. The law is on your side, and it validates your right to be made whole.
The Difference Between a Condition and a New Injury
But there’s an important detail. The person who caused your accident is responsible for making your pre-existing condition worse, not for the condition itself. We have to show, with clear evidence, how the accident made things worse or caused new problems you didn’t have before. You are not defined by your old injury. What matters is what changed because of the accident, and we will prove that.
Imagine a vase with a small crack. It still works and looks fine. If someone knocks it over and it breaks, they aren’t responsible for the crack, but they are responsible for breaking the vase. Our job is to show how you were managing before the accident and what changed after. We don’t have to prove you were perfect, just that the accident made things much worse. That’s how we help you get the compensation you need to move forward.
How a Strong Legal Team Turns the Tables on the Defense
Confronting the pre-existing injury defense requires more than just knowing the law; it demands a proactive, meticulous, and compassionate strategy. At Parker Law Firm, we don’t wait for the insurance company to launch its attack. Our work begins the moment you entrust us with your case. We operate on the core principle that, when handled correctly, your medical history is not your weakness but our strongest tool. We don’t hide from it; we embrace it and use it to build an irrefutable narrative of cause and effect.
We focus on the details. We review your medical records closely and talk with your doctors to understand your condition before and after the accident. We work hard to present your story clearly and honestly. Our goal is to build a strong case that shows the real impact of the accident, not just what’s in your past. We fight for your future, not your history.
Building the Baseline: Your Medical History as Our Strongest Evidence
When we ask for your full medical history, it’s not to find problems. It’s to show exactly how you were before the accident. Your medical records are important evidence. They help us show if you were working, active, or managing a condition before things changed. Doctor’s notes, therapy reports, and scans all help us build a clear picture of your health before the accident.
This baseline is the foundation of your case. By showing exactly how you were before and after the accident, we can prove what changed. Even if you had a pre-existing issue, we can show you were stable and living your life. Then we show what you lost, like your ability to work, move, or enjoy life. Being open and honest about your history helps us make the strongest case for you.
Proving the Harm: The Critical Role of Medical Documentation and Expert Testimony
Once we have established the baseline, the next step is to meticulously document the new harm. This is where credible medical evidence becomes non-negotiable. We work closely with your treating physicians, the doctors who know you and have seen the changes in your condition firsthand. Their testimony is powerful because it is. After we set the baseline, we carefully document the new harm. This is where strong medical evidence is key. We work with your doctors, who know you and have seen the changes in your condition. Their testimony helps explain the difference between your old condition and the new injuries from the accident.in how the force of a car crash could cause a stable degenerative disc to rupture, or how a fall could transform manageable arthritis into a condition requiring surgical intervention. This level of detailed medical documentation in pre-existing conditions cases is what dismantles the defense’s argument. It replaces their narrative of speculation with a story grounded in medical science, proving that what you are experiencing is a direct result of the defendant’s negligence.
Preparing for Their Tactics: What to Expect When They Scrutinize Your Life
A good legal team does more than build your case. We also prepare you for what the insurance company will try to do. If they focus on your pre-existing injury, they will look hard for anything that helps their side. We make sure you know what to expect.
They will likely ask you to undergo an “Independent Medical Examination” or IME. It’s important to understand that the doctor performing this exam is not independent at all; they are hired and paid by the insurance company. Their job is to examine you with a skeptical eye, looking for ways to downplay the severity of your new injury and link your symptoms to your prior condition. They might also deploy surveillance. This can feel invasive and deeply unfair. A private investigator may be hired to film you in your daily life, hoping to catch a moment, carrying groceries, bending to pick something up, that they can twist in court to suggest you are not as injured as you claim.
We tell you this not to scare you, but to prepare you. We have seen these tactics countless times. We know how to counter them, challenge the findings of a biased IME, and frame surveillance footage in the proper context, showing that trying to live a normal life despite your pain is a sign of courage, not fraud. When you are part of our family, you don’t have to face this alone. We will guide you through every step of this intimidating process, ensuring you are protected and prepared for their playbook.
A Story of Restoration: How This Strategy Leads to Real Results
This comprehensive approach is not theoretical; it achieves real, life-changing results for our clients. We recently represented a client who was seriously injured in a crash caused by a reckless driver. Our client had a history of back issues, and the defense attorneys immediately seized on this, arguing that his injuries were pre-existing. They offered a settlement that was a fraction of what he needed to cover his medical bills and lost income. They thought his medical history was their trump card.
We refused to let them define him by his past. We did what we always do: we prepared for a fight. Our team conducted a deep dive not only into our client’s medical history but also into the defendant’s history. We uncovered a pattern of reckless driving and evidence of negligent hiring by the defendant’s employer. Simultaneously, we worked with our client’s doctors to create an undeniable medical timeline. We established his baseline level of function before the crash and then presented clear, objective evidence of the new, severe damage caused by the impact. We showed that this was not just an aggravation, but a catastrophic new injury layered on top of a manageable condition.
Faced with the strength of our medical evidence and the damaging information about their driver, the defense’s strategy collapsed. They could no longer hide behind our client’s medical chart. They were forced to confront the full scope of the harm their negligence had caused. The case resulted in a $2,225,000 settlement. This wasn’t just a financial victory; it was a validation of our client’s experience. It was proof that a pre-existing condition does not give someone a free pass to cause harm. It was the restoration of his future.
You Are More Than Your Medical Chart. You Are Our Priority.
When you’re hurt and dealing with an insurance company, it can feel like you’re just a number. They look at your past and question your pain, all to save money. At Parker Law Firm, we see you as a person whose life has been turned upside down. We know your family is facing stress and uncertainty. For us, people come first.
We treat you like family. We listen, we believe you, and we fight to make sure your voice is heard. We know how stressful it is to have your pain questioned. We promise to stand with you, explain the law in plain language, and build a case that tells your real story. You are not just a claim you are a person, and we are here to protect your future.
Contact Brad Parker Law Firm Today
If you’ve been hurt in an accident and are worried about a pre-existing condition, you don’t have to go through this alone. Insurance companies hope you’ll be scared or unsure. Let us help you feel confident and show you a clear path to justice.
Contact us today for a free, confidential consultation. There’s no obligation, and you pay nothing unless we win. We’ll listen to your story, answer your questions, and show you how we can turn the insurance company’s defense into your strongest case. Your story matters, and we’re here to make sure it’s heard.
