You had a bad back for years, or a knee that never fully healed. You were managing it. Then another driver hit you, and now the pain is worse than it has ever been. When you call the insurance company, the adjuster says, “That was already there.”
Many people hear that and give up. They should not. In Washington, a past injury does not automatically end your claim. If a crash made an old problem worse, you may be able to seek payment for the new harm. This post explains the law, what counts as a pre-existing condition, how to prove aggravation, how insurers fight these claims, and what you can recover.
Key Takeaways About Pre-Existing Conditions and Injury Claims
- A prior condition does not bar a claim in Washington
- The at-fault person can be responsible for making a condition worse
- Compensation focuses on the new harm, not the problems you had before
- Medical records and expert opinions are the strongest proof
- Insurers often try to blame all your symptoms on the old injury
- Being honest about your medical history protects your case
What a Pre-Existing Condition Is
A pre-existing condition is any health problem you had before the accident. It does not matter if it was serious or mild, or whether you were treated for it. Common examples include:
- Chronic pain from an earlier car crash or work injury
- Arthritis and degenerative disc disease
- Hernias, herniated discs, and lower back strain
- Knee and shoulder injuries
- Healed injuries, such as a broken bone or a repaired knee
- Traumatic brain injuries
- Ongoing conditions such as fibromyalgia
Having one of these does not mean you cannot bring a claim. Many people have some wear and tear on their bodies. What matters is whether the crash made your situation worse.
Some people stay quiet about a prior injury because they fear it disqualifies them. That is a mistake. Washington law allows an injured person who was not at fault to seek compensation, even if they had an earlier condition.
The Eggshell Plaintiff Rule Under Washington Law
Washington follows a principle often called the eggshell plaintiff rule. The idea is simple. A person who causes harm must take the injured person as they find them. If someone has a fragile shell, like an egg, and a careless driver cracks it, the driver cannot say the person should have been tougher.
What Taking the Plaintiff as You Find Them Means
This idea has three effects:
- Being more vulnerable than most people is not a defense
- The at-fault person is responsible for the added harm they cause
- Compensation is based on the new injury or the worsening, not on what you could or could not do before
Washington jury instructions reflect this idea. In plain terms, if a crash lit up a condition that had been quiet, or made a painful condition worse, the person who caused the crash can be held responsible for that change.
When the Rule Fits Best
Some sources say the rule applies most clearly when the earlier condition was stable and there was no reason to expect it would get worse on its own. That is where claims are strongest. If your condition was steadily getting worse before the crash, the insurer will argue the crash changed little. Even then, you may still have a claim for the part the crash made worse, and the facts matter.
Proving That the Crash Made Your Condition Worse
You carry the job of showing that the accident caused a change. This is called proving aggravation. The goal is to show the difference between your health before the crash and after it.
The Role of Medical Documentation
Good records make the biggest difference. Three habits help:
- Get medical care promptly after the crash, even if you think the pain is part of the old injury
- Tell every provider the full truth about your history, including past injuries and treatment
- Follow your doctor’s treatment plan and go to your appointments
Gaps in care give insurers room to argue that you recovered or that something else caused your pain. Honest histories also keep you from being caught off guard when the adjuster pulls your older records.
How Imaging and Expert Opinions Help
Scans can show what changed. A doctor can compare new MRIs or X-rays to older ones to see whether a disc got worse, a joint was damaged further, or a new tear appeared. Doctors can also give opinions about cause. In many claims, an expert will say, to a reasonable degree of medical certainty, that the accident aggravated the condition. That phrase is a legal standard, and it carries weight.
Your Own Story Counts Too
Evidence is not only scans. Keep a simple journal of pain levels, missed activities, sleep problems, and things you could do before that you cannot do now. Statements from family, friends, and coworkers can show how your life changed. Before the crash you may have golfed every weekend, lifted your kids, or worked without trouble. After it, you cannot.
How Insurance Companies Counter Eggshell Claims
Adjusters know these claims are worth money, and they have a standard playbook. Expect to hear arguments like these:
- The old injury was not affected by the crash
- The old injury was unstable and would have gotten worse anyway
- All of your symptoms come from the earlier condition
- The insurer owes only short-term care and not future treatment
- A quick, low offer, made before you know the full effect of your injuries
They may also dig through years of medical records looking for any mention of similar pain. A note from five years ago about back trouble can be used to say your pain is not new. A lawyer can respond by showing how your condition changed.
Common Mistakes That Hurt Your Claim
- Hiding or downplaying your history
- Skipping treatment
- Posting about your activities on social media
- Accepting the first offer
- Guessing about causes of your pain in a recorded statement
Why You Should Avoid Talking to the Insurance Company Alone
You are never required to speak with the other driver’s insurance adjuster without an attorney. Adjusters can sound friendly, but their job is to limit what the company pays. Be careful about these requests:
- Signing a broad medical records release, which can give the insurer access to your whole history instead of just what relates to the crash
- Giving a recorded statement, where small slips can be used against you later
- Admitting fault or apologizing, even out of politeness
You can give your name, your contact details, and basic facts about the crash. For anything beyond that, talk to a lawyer first.
What You Can Recover for an Aggravated Injury
If a crash made your condition worse and someone else was at fault, you may be able to recover money for the new harm. This can include:
- Added medical costs, including surgery, therapy, medicine, and future care
- Lost wages when you cannot work or must cut back your hours
- Reduced earning capacity, if your condition limits the kind of work you can do in the long run
- Pain and suffering
- Loss of enjoyment of life
Calculating Pain and Suffering With a Prior Injury
Pain and suffering are harder to measure than a bill. For a claim with a prior injury, the focus is on the difference between your life before the crash and your life after it. If you lived with mild pain before and now have constant pain, the increase counts. If you could handle daily tasks before and now need help, that difference matters. The payout is meant to cover the added harm, not the pain you already had.
Fault Can Still Be Shared
Even in a case with a pre-existing condition, the insurer may say you were partly to blame for the crash itself. Washington divides fault among the people involved under RCW 4.22.005. Your payout may be lowered by your share of blame, but you can still recover if you were partly at fault. This is a separate question from your medical history.
Deadlines for Filing a Claim
In Washington, you generally have three years from the date of the crash to file a personal injury lawsuit. Waiting makes it harder to keep records, find witnesses, and tie your symptoms to the accident. If you are already treating an old injury, prompt action matters even more.
Frequently Asked Questions
Do I have to tell the insurance company about my pre-existing condition?
You should be honest with your doctors and your lawyer. When talking with an insurer, you do not have to volunteer your full medical history, and you should not give broad access to your records. A lawyer can decide what to share and when. Hiding a condition can damage your credibility, so do not lie about it.
Can the insurance company use my old medical records against me?
They may try. Insurers often search old records for similar complaints. Strong current records, imaging, and a doctor’s opinion about what changed can answer that argument.
What if my condition did not cause any symptoms before the crash?
That can help your claim. If a quiet condition became painful after the crash, the crash may have lit it up. Doctors can explain how a hidden problem, such as a weakened disc, turned into a painful one.
How does a pre-existing mental health condition affect a claim?
A prior condition such as anxiety or depression does not bar a claim. If the crash made it worse, you may be able to seek compensation for that added harm, with records from your providers.
Will a pre-existing condition make my case take longer?
It can. Insurers may ask for more records and dispute causation, and a case may need expert opinions. A lawyer can organize the evidence to keep the case moving.
What if I was already getting disability benefits before the crash?
You may still have a claim. The question is whether the crash made your condition or limits worse. Tell your attorney about your benefits so they can plan around them.
Talk to a Washington Car Accident Attorney About Your Aggravated Injury
An old injury does not mean you must accept pain that someone else made worse. Washington law lets you seek compensation for the new harm, and the right evidence can show the difference the crash made. McNeese & Trotsky, PLLC, can review your records, work with your doctors, and push back when an insurer blames everything on your past. Call (206) 332-1918 for a free consultation to talk about your crash and your next steps.