A Pre-Existing Condition Doesn't Disqualify Your Claim

You had back problems years before the accident, so you figure there's no point filing.

That's not how it works.

There's a legal principle called the eggshell skull rule. It means the person who caused your accident is responsible for the full harm they caused, even if a pre-existing condition made that harm worse than it would've been for someone else. Courts put it simply: the at-fault party takes the victim as they find them.

This doesn't mean you get paid for the old injury itself. It means if the accident aggravated it, worsened it, or triggered symptoms that weren't there before, that aggravation is compensable. Insurance companies know this rule exists, which is exactly why they dig hard into your medical history, hoping you don't know it too.

Expect them to request every record they can get. Their job is to draw a line between what existed before and what the accident actually changed. Clear documentation from before and after is what makes that line work for you instead of against you.

The bottom line is this: a prior injury doesn't erase your claim, it just means the paperwork matters more.

Has anyone ever told you your old injury would hurt your case?