Not by itself. Texas law allows recovery for the aggravation of a preexisting condition. The insurer will argue your pain is old, and the answer is medical records that show the change the crash caused.
The rule is that a negligent driver takes the injured person as they find them. If a crash makes a bad back worse, the driver is responsible for the worsening, even if a healthier person would have walked away.
Insurers use prior conditions to argue the current complaints are old. The response is a comparison: records before the crash showing the baseline, and records after showing the change, ideally with a treating physician’s opinion tying the change to the crash.
Do not hide prior injuries. They will be found in records, and concealment damages credibility far more than the condition does.
Owsley Law Firm handles these cases regularly and builds them on the medical comparison, with no fee unless it wins.
Texas pattern jury charges address preexisting conditions directly. Jurors are told to consider the harm caused by the occurrence and not to include any amount for a condition that existed before it, except to the extent the occurrence aggravated it. This means the claim is for the difference, and the challenge is to prove how large the difference is.
The insurer's tools are records requests and independent medical examinations. Insurers seek years of prior records and look for any earlier complaint about the same body part. A prior treatment history is not fatal. Many people have degenerative changes that were not painful or limiting until the crash, and a doctor can explain how the crash turned an asymptomatic condition into a symptomatic one.
Imaging can cut both ways. A scan showing degeneration may be used to argue the pain is old, while a comparison to earlier images or a change in findings can support the crash's role. A treating physician's opinion, stated with reasonable medical probability, is the standard Texas courts require for causation on medical questions.
Be complete with your prior history. Tell your doctors and your lawyer about earlier injuries, even minor ones, because they will find them. A claimant who discloses and explains prior problems is credible, while one who conceals them gives the insurer an argument that reaches every part of the case.
Mistakes that cost people money
- Telling your doctor you have never had back or neck problems when you have.
- Failing to gather prior records that show a stable baseline.
- Assuming a prior injury means you have no claim.
- Skipping follow-up care, which makes the change from baseline hard to prove.
Related questions
What if my earlier injury was in a different accident?
The insurer will look at the earlier claim and treatment. If you recovered and were symptom-free, that helps. If not, a doctor needs to explain what this crash added, and the earlier records need to be reviewed.
Does arthritis or degeneration hurt my claim?
Not automatically. Many people have age-related changes without symptoms, and a crash can make them painful. The claim depends on medical proof that the crash aggravated the condition.
Will the insurer see all my medical records?
Insurers request broad authorizations, but you do not have to give unlimited access. Records are usually limited to relevant body parts and time periods, and a lawyer should manage what is released.
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