Can I Sue if a Car Accident Made an Old Injury Worse?
If a car accident worsens a pre-existing injury, you may still be entitled to compensation under Texas law. Even minor collisions can cause significant harm to individuals with prior injuries, and the legal system recognizes the right to recover for these aggravated conditions.
The “Eggshell Plaintiff” Rule in Texas
Texas follows the “eggshell plaintiff” rule, which means that a defendant is responsible for all damages caused, even if the injured person was unusually susceptible due to a pre-existing condition.
For example:
If someone recently had back surgery and a minor car accident aggravates their injury, they can recover for the additional harm caused by the accident.
The law does not allow the at-fault driver or insurer to argue that the injury was “partially pre-existing” to deny compensation.
Proving Aggravation of a Pre-Existing Injury
Insurance companies often attempt to downplay or deny claims involving pre-existing injuries, arguing that the harm was unrelated to the accident. To successfully recover compensation, it is essential to:
Document your pre-existing injury and treatment history
Show how the accident worsened your condition through medical records and expert testimony
Work with an attorney to present evidence that clearly links the aggravation to the collision
A knowledgeable attorney can fight for full compensation, ensuring that the aggravated injury is accurately valued in settlement or in court.
Why Legal Guidance Matters
Cases involving pre-existing injuries can be complex because insurers often dispute causation or the extent of the aggravation. An experienced car accident attorney can:
Navigate these disputes effectively
Protect your right to recover for aggravated injuries
Maximize compensation for medical bills, pain and suffering, and long-term impacts
Even if your injury existed before the crash, the law ensures that you can be made whole for additional harm caused by someone else’s negligence.
