Pre-Existing Conditions: How Washington Law Protects Your Claim Even If You Had Prior Injuries

Getting into an accident is a difficult experience. When you’re also dealing with a previous injury or a chronic medical issue, it can feel even more complicated. You might worry that an insurance company will use your medical history to deny or reduce your claim.

However, having a prior injury does not automatically prevent you from receiving fair compensation. In fact, Washington law on pre-existing conditions has specific protections for people in your exact situation, ensuring that at-fault parties are held responsible for the new harm they cause.

The core principle is that if someone’s negligence makes your old condition worse, they are accountable for that worsening. You deserve to be compensated for the new pain, additional medical treatments, and the ways your life has been further impacted.

If an accident worsened a prior injury, a knowledgeable Seattle personal injury lawyer can protect your rights and pursue full compensation—contact us today for a free consultation.

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Key Takeaways about Pre-Existing Conditions and Personal Injury Claims

• A pre-existing condition is any health issue that existed before a new accident occurred.
• Washington law follows the “eggshell plaintiff” rule, which means a defendant is responsible for all harm caused, even if the injured person was more susceptible to injury.
• An injured person can seek compensation for the “aggravation,” or worsening, of a pre-existing condition caused by an accident.
• Strong medical evidence is crucial for distinguishing between the prior condition and the new harm caused by the accident.
• Insurance companies may try to argue that all of an individual’s pain stems from their old condition, not the recent accident.
• Full honesty with doctors and legal representatives about one’s complete medical history is vital for building a strong claim.

Understanding Pre-Existing Conditions in a Personal Injury Case

So, what exactly counts as a pre-existing condition in the eyes of the law? It’s any medical issue, injury, or ailment you had before the accident in question. It doesn’t have to be a severe or debilitating condition.

Common examples include:

• Chronic pain from a previous car wreck or a workplace incident.
• Degenerative conditions like arthritis or degenerative disc disease, which can be present for years without causing major symptoms.
• Healed injuries, such as a previously broken bone or a surgically repaired knee.
• Ongoing health issues like fibromyalgia, herniated discs, or a bad back that requires periodic care.

Having one of these conditions can make you more vulnerable to injury. A minor fender-bender on I-5 might just be a nuisance for one person, but for someone with a pre-existing back problem, it could lead to a serious flare-up and significant pain. This is where Washington law steps in to protect you.

The Eggshell Plaintiff Rule: A Key Protection Under Washington Law

The most important legal concept that protects your claim is known as the “eggshell plaintiff” rule. Imagine a person whose skull is as fragile as an eggshell. If you negligently tap them on the head and their skull shatters, you can’t argue that you shouldn’t be responsible because a “normal” person wouldn’t have been hurt so badly. The law says you are responsible for the actual damage you caused.

This principle is a cornerstone of Washington law for pre-existing conditions. The official Washington Pattern Jury Instructions guide courts on this issue, stating that the defendant is responsible for the harm done even if the injured person was more susceptible to injury than a person in average health.

What Does “Taking the Plaintiff as You Find Them” Really Mean?

The phrase lawyers often use is that an at-fault party must “take the plaintiff as they find them.” This means they are responsible for the consequences of their actions, regardless of your prior health status.

This legal doctrine has a few key implications for your case:

• Your vulnerability is not a defense. The person who caused the accident cannot use your pre-existing condition as an excuse to avoid accountability.
• They are liable for making it worse. If their negligence aggravated, lit up, or accelerated your underlying condition, they are responsible for the extent of that worsening.
• The focus is on the new harm. You can’t be compensated for the pain or limitations you had before the accident, but you can be compensated for all the additional harm you experience because of it.

This rule ensures that the law protects everyone, not just those in perfect health. It holds negligent parties accountable for the real-world impact of their actions on an individual’s life.

Proving Aggravation of a Pre-Existing Condition

While the law is on your side, the practical challenge is proving that the recent accident—and not just the natural progression of your old condition—is the cause of your increased pain and new limitations. Insurance companies will look closely at this connection and may try to argue that your current symptoms are unrelated to the accident.

To build a strong case, you must clearly show how the accident made your condition worse. This is known as proving “aggravation.” This requires careful documentation and a consistent approach from the moment you seek medical care.

The Role of Medical Documentation

Your medical records are the most powerful evidence in a personal injury claim involving a prior injury. From your first doctor’s visit after the accident, you need to create a clear record of how things have changed.

Here are some essential steps:

1. Seek Medical Attention Promptly: Don’t delay seeing a doctor, even if you think the injury is minor. A gap in treatment can give an insurance adjuster an opening to argue you weren’t really hurt.
2. Be Completely Honest: Tell your doctor everything about your medical history, including your pre-existing conditions. Explain in detail how your symptoms are different now—are they more intense, more frequent, or in a slightly different location?
3. Follow Your Doctor’s Orders: Adhering to your treatment plan (like attending physical therapy or taking prescribed medication) shows that you are serious about your recovery and that your injuries require this level of care.

Consistent and thorough medical records create a timeline that clearly connects your new or worsened symptoms to the accident.

How Diagnostic Imaging and Expert Testimony Help

Sometimes, the best way to show a change is with objective evidence. Diagnostic imaging can be incredibly helpful in these situations.

• MRIs and X-rays: A new MRI taken after an accident might be compared to one from a few years ago. A radiologist or your doctor could point out specific changes, like a herniated disc that has now worsened or new inflammation that wasn’t there before.
• Medical Expert Opinions: In complex cases, an attorney may work with a medical expert who can review all your records. This expert can then provide a professional opinion that, to a reasonable degree of medical certainty, the accident caused a specific aggravation of your pre-existing condition.

This type of objective evidence is much harder for an insurance company to dispute than subjective complaints of pain alone.

How Insurance Companies Handle Claims with Pre-Existing Conditions

When an insurance adjuster sees a pre-existing condition in your medical history, they often view it as an opportunity to reduce the value of your claim. Their job is to protect their company’s bottom line, and they have common strategies for dealing with these types of cases. It’s important to be aware of them so you can be prepared.

They might try to:

• Attribute all symptoms to the old injury. The most common tactic is to argue that your pain and suffering are entirely due to your pre-existing condition and have nothing to do with the recent accident.
• Scour your records for inconsistencies. They will request years of your past medical records and look for any mention of similar symptoms. If you told a doctor your back hurt five years ago, they might try to use that to deny that the accident caused your current back pain.
• Offer a quick, low settlement. Knowing that your case is more complex, they may offer a small amount of money upfront, hoping you’ll accept it before you understand the full extent of your injuries and the true value of your claim.

Facing these tactics can be discouraging, but remember that the law provides a path to hold the at-fault party accountable. Having a legal advocate who understands these strategies can help level the playing field.

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What Damages Can You Recover for an Aggravated Injury in Washington?

Under the Revised Code of Washington, at-fault parties are responsible for the damages they cause. When a pre-existing condition is involved, your compensation is focused on the worsening or aggravation of that condition.

You may be able to recover damages for:

• Additional Medical Expenses: This includes costs for the new treatments you need because of the aggravation, such as doctor visits, physical therapy, medication, and any future surgeries.
• Lost Wages and Diminished Earning Capacity: If your worsened condition forces you to miss work or prevents you from performing your job as you did before, you can be compensated for that lost income.
• Pain and Suffering: This compensates you for the additional physical pain, emotional distress, and loss of enjoyment of life you have experienced since the accident.

It is essential to distinguish between the life you had with your managed condition before the accident and the life you have now. The compensation is meant to cover that difference.

Calculating Pain and Suffering with a Prior Injury

Calculating pain and suffering is never simple, and it becomes even more nuanced with a pre-existing condition. The key is to demonstrate the change in your quality of life. For example, perhaps your old knee injury allowed you to enjoy walks around Green Lake, but after being rear-ended, you can no longer walk that distance without severe pain.

Your personal story, backed by testimony from family, friends, and medical providers, helps paint a picture of how the accident has impacted your daily existence. This difference in your ability to enjoy life and function day-to-day is the basis for your pain and suffering damages.

FAQs for Pre-Existing Conditions: How Washington Law Protects Your Claim Even If You Had Prior Injuries

Here are answers to some common questions about how prior injuries can affect a personal injury claim.

Do I have to tell the insurance company about my pre-existing condition?

You should always be truthful about your medical history when dealing with doctors and legal professionals. However, you are not obligated to give a recorded statement or provide unlimited access to your entire medical history to the other party’s insurance adjuster right away. It is often wise to consult with an attorney before releasing sensitive health information to ensure you only provide what is relevant to the accident.

Can my past medical records be used against me?

Yes, an insurance company will likely request and review your past medical records to look for evidence of your pre-existing condition. They will use these records to argue that your current pain is not new. However, a knowledgeable attorney can use the same records to show a clear difference in your symptoms, treatment frequency, and functional abilities before and after the accident.

What if my pre-existing condition was asymptomatic before the accident?

This is a very common situation. Many people have underlying conditions like degenerative disc disease that cause no pain or limitations until a traumatic event, like a car crash, “lights them up” and makes them symptomatic. In these cases, the at-fault party is responsible for the full extent of the new symptoms and the required treatment, as the condition was not affecting your life before their negligence.

How does a pre-existing mental health condition affect my claim?

The eggshell plaintiff rule applies to psychological conditions just as it does to physical ones. If an accident causes you to experience increased anxiety, depression, or PTSD, or if it aggravates a previously managed mental health condition, you may be entitled to compensation for your emotional distress and the cost of therapy or other mental health treatment.

Will my claim take longer to resolve if I have a pre-existing condition?

Cases involving pre-existing conditions can be more complex, which sometimes means they may take longer to resolve. It requires more time to gather extensive medical records and potentially involve medical experts to build a strong case proving aggravation. This thorough preparation is often necessary to secure a fair settlement that fully accounts for your new level of harm.

What if I was already receiving disability benefits for my prior condition?

If you were on disability, it can add a layer of complexity, but it doesn’t bar a claim. The focus will be on proving how the new accident has caused further limitations beyond those for which you were already receiving benefits. For example, perhaps you were able to perform some household chores before, but now you require assistance due to the worsened condition.

You’re Better Off with Boohoff Law

Dealing with a new injury on top of a pre-existing condition can feel frustrating and confusing. You may be in more pain than ever before, and the thought of fighting an insurance company is daunting. At Boohoff Law, P.A., we understand the challenges you face, and we are here to help you get through this. Our compassionate and skilled team has decades of combined experience advocating for clients just like you.

We will focus on your case so you can focus on your recovery. We will gather the evidence, consult with medical professionals, and aggressively negotiate to get you the compensation you deserve for the harm you have suffered. We are ready to take your case to trial if that’s what it takes to achieve a just outcome.

Contact us 24/7 at (877) 999-9999 or through our online form for a free, no-obligation consultation to understand the true value of your claim. We can meet you at home or in the hospital if you can’t come to us, and we are fluent in both English and Spanish. Remember our promise: No fees unless we win.

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