Many people in the DFW area walk around with a “bad back,” a lingering shoulder issue, or a history of chronic neck pain. If you’re involved in a collision, the insurance company will almost certainly dig through your medical history. When they find that old injury, their first move is usually to say, “We aren’t paying for that — you were already hurt.”
But at O’Hare and Koch Law Firm, we know that isn’t the whole story. Under Texas law, having a pre-existing condition doesn’t disqualify you from seeking justice. In fact, it often makes your case more critical. If an accident makes a manageable ache worse or turns it into a debilitating disability, you have every right to hold the negligent driver accountable.
The Reality of Texas Roads in 2026
Modern vehicle safety has come a long way, but it hasn’t changed the physics of a highway collision. Across the Dallas-Fort Worth metroplex — from the congestion of I-35E and US-75 to the high-speed merges on IH-30, IH-20, and IH-45 — the sheer volume and velocity of traffic mean that even a “routine” multi-car accident carries immense force. Major interchanges like IH-635 (LBJ Freeway) and toll corridors including the North Dallas Tollway, Sam Rayburn Tollway (SH 121), and President George Bush Turnpike (SH 161) see thousands of vehicles daily, each one a potential collision point.
For many drivers, the impact does more than just damage a vehicle — it acts as a catalyst for old physical issues. A back or joint injury you thought was long settled can easily be reawakened by the jarring force of a highway wreck on I-20 or a side street fender bender, turning a minor commute into a major health setback.
Because these “reawakened” injuries are so common, Texas law has a specific rule to ensure victims aren’t penalized for having a pre-existing condition.
The “Eggshell Plaintiff” Rule in Texas
In the legal world, there is a long-standing principle known as the Eggshell Plaintiff Rule (or the Eggshell Skull Doctrine). This doctrine is a cornerstone of personal injury law. It essentially states that a negligent driver must “take the plaintiff as they find them.”
Imagine two people are in the same car accident. One is a 20-year-old athlete with a perfectly healthy spine; the other is a 60-year-old with degenerative disc disease. If the impact causes the athlete a bruise but causes the 60-year-old a permanent disc herniation, the at-fault driver is still responsible for the 60-year-old’s full scope of injuries.
You aren’t penalized for not being “perfectly healthy” before the wreck. The law protects your right to be compensated for the aggravation or exacerbation of your condition. According to the Texas Pattern Jury Charges (PJC 8.8), juries are specifically instructed to compensate for the extent that a pre-existing condition was aggravated by the occurrence in question.
Common Pre-Existing Conditions Aggravated by Car Wrecks
When a Dallas car accident lawyer, like our firm, takes on a case involving pre-existing conditions, we often see a few specific types of injuries that are particularly sensitive to the trauma of a crash:
- Degenerative Disc Disease (DDD): Many people over 40 have some level of DDD without even knowing it. A car wreck can “activate” this dormant condition, causing sudden, intense pain. We sometimes refer to this as an asymptomatic condition.
- Previous Spinal Fusions or Surgeries: Hardware in the back or neck can be shifted or damaged by the moderate to high G-forces of a collision.
- Arthritis: Joint inflammation can be severely exacerbated by the blunt force impact of an airbag or hitting the interior of the vehicle.
- Old Traumatic Brain Injuries (TBI): Someone who has suffered a concussion in the past may be more susceptible to severe symptoms following a second head impact.
How to Prove Your Injury Was Aggravated
Proving that a car accident made an old injury worse is more complex than proving a brand-new injury. To win, your legal team must help you establish a clear “before and after” picture. We use several layers of evidence:
- Medical Baseline: We look at your records from before the accident. If you hadn’t seen a doctor for that “bad back” in years and were working a full-time job, but now you need surgery, that is powerful evidence of aggravation or exacerbation.
- Expert Medical Testimony: We work with specialists who can testify that while the condition existed, it was asymptomatic (painless) until the crash.
- Comparative Imaging: This is the “smoking gun.” If you had an MRI prior to the wreck and another one after the wreck, we look for objective changes — like a stable herniated disc that has now shifted or shifted to press on a nerve root.
Why the Insurance Company is Wrong
Insurance adjusters are trained to use your medical history against you. They will scour your records looking for any mention of pain from years ago to justify a lowball settlement. Recent data shows that the average settlement for bodily injury claims in Texas can range widely, but adjusters will try to offer much less if they can blame a pre-existing condition.
Important Note: Never give a recorded statement to an insurance adjuster about your medical history without working with an attorney first. The adjusters are trained to lead you into saying your current pain is “just the same old thing.”
Step-by-Step: What to Do if You Have a Pre-Existing Injury
- Be Honest with Your Doctors: If the insurance company finds out you hid an old injury, it destroys your credibility. Tell your doctor exactly how the pain has changed or the effects are different than before the collision.
- Document Your Limitations: Keep a journal. Did you do things like gardening? Could you lift your grandkids? If you can’t do those things now, that’s evidence of aggravation.
- Seek Specialized Care: See a specialist who understands trauma. General practitioners may not provide the detailed documentation needed to support a strong legal claim.
Don’t Let an Old Injury Stop Your New Claim
If your quality of life has decreased because a recent car wreck aggravated or exacerbated an old injury, you deserve compensation. At O’Hare and Koch Law Firm, we specialize in cutting through the insurance company’s excuses to get our clients the settlements they actually need and deserve.
Don’t let the insurance company blame your old injury for your current pain. Contact us today for a free consultation. Let our experienced lawyers review your medical history and help you get the compensation you deserve.
