The Impact of Pre-Existing Conditions on Your Personal Injury Claim

Life doesn’t pause just because we’ve been hurt. When you’ve experienced an injury caused by someone else’s negligence, whether in a car crash, a slip-and-fall, or another incident, your medical history can unexpectedly take center stage. One of the challenging aspects in personal injury cases is the impact of pre-existing conditions on your personal injury claim. For many, this feels unfair. After all, why should an old injury or a chronic illness affect your right to seek compensation for new or worsened injuries?

At Johnston Personal Injury Law Firm in Portland, we understand the stakes. Our role is to ensure your full story is told, clearly, confidently, and backed by comprehensive medical records and strong legal representation.

What Is a Pre-Existing Condition?

In legal terms, a pre-existing condition refers to any health issue, injury, or illness that existed before the incident forming the basis of your personal injury claim. It could be a pre-existing back injury from lifting boxes years ago, or post-traumatic stress disorder following a prior traumatic event. Even mental health conditions and past surgeries fall under this umbrella.

Oregon law does not automatically penalize you for having a pre-existing medical condition. Instead, it seeks to distinguish between the injury you brought into the accident and any new harm or increased pain directly caused or aggravated by the incident.

Examples of Common Pre-Existing Conditions

Some of the most common conditions in personal injury claims include:

• Chronic back or neck pain
• Prior traumatic brain injury
• Degenerative disc disease
• Arthritis or osteoporosis
• History of mental health treatment
• Previous injuries from sports or workplace accidents
• Migraines or neurological disorders

What matters is not whether you had these conditions, but how they were affected by the accident.

Reasons Pre-Existing Conditions Are Often Relevant in Personal Injury Claims

Insurance companies routinely scrutinize medical history to look for ways to reduce their financial responsibility. If they can point to a pre-existing condition as the “true” cause of your pain, they’ll argue your injury claim isn’t valid, or at least not worth much.

This tactic is especially prevalent when medical expenses are high or when the injuries sustained are similar to past complaints. If your back hurts now, and you had a back injury five years ago, they may say the car accident didn’t change anything. But what if the accident worsens your pain? What if you now require surgery?

That’s why pre-existing conditions matter. They open the door for insurance adjusters to challenge not only the extent of your injuries but also your right to fair compensation.

How Oregon Addresses Pre-Existing Conditions in Personal Injury Claims

Oregon law follows what’s called the “eggshell plaintiff” rule. This means that a defendant must take the injured party as they find them. Even if a pre-existing condition made you more susceptible to injury, you are still entitled to recover compensation if the accident aggravated your condition.

For example, if you had mild arthritis that flared up significantly after a car crash, Oregon courts will generally hold the at-fault party responsible for the aggravation. Similarly, if you suffered from post-traumatic stress disorder that worsened due to the trauma of the event, that’s compensable too.

The key lies in showing that the accident caused a measurable change in your health or function.

Strengthening Your Case When You Have a Pre-Existing Condition

The most powerful weapon in your corner is detailed medical records. These documents demonstrate a before-and-after picture that helps clarify how your condition changed due to the accident.

Other ways to reinforce your case:

• Seek medical attention promptly after the incident
• Be honest with your personal injury attorney about all pre-existing medical conditions
• Work with medical experts who can articulate the difference between your pre-existing injuries and entirely new injuries
• Maintain consistent medical treatment and follow all recommendations from your doctors

At Johnston Personal Injury Law Firm, we work closely with medical professionals to build a timeline of your health, before and after the injury. This level of detail helps push back against insurance company arguments and lays the groundwork for a stronger claim.

Compensation for Pre-Existing Conditions Aggravated By an Injury

When a pre-existing condition is worsened by an accident, Oregon law allows you to seek compensation for the exacerbation of that condition, not just the baseline symptoms you had before.

This includes:

• Additional medical bills
• Worsened or prolonged pain
• New limitations in mobility or daily activity
• Increased need for medications or therapy
• Added emotional distress or mental health challenges

Let’s say you had a pre-existing back injury that required occasional physical therapy. After a car crash, you’re now facing surgery, missed work, and a complete shift in your lifestyle. This is not the same old injury; it’s a new injury layered on top of the old one, and you deserve compensation for the full impact.

Proving That a Pre-Existing Condition Had No Impact on Your Injury

Sometimes, insurance companies try to blur the lines, suggesting your entire set of symptoms comes from an old injury. In such cases, your team must be ready to prove that your pre-existing condition had no bearing on the injuries caused by the recent event.

This can be done by:

• Presenting medical evidence showing healed or stable previous injuries
• Documenting a long period of being symptom-free before the incident
• Getting expert testimony that the current injuries differ in nature, location, or severity from past ones

The burden isn’t only on you. It’s also on the defense to prove their claims. With a skilled personal injury attorney, this becomes a fight you don’t have to take on alone.

How Johnston Personal Injury Law Firm Can Help

At Johnston Personal Injury Law Firm, we pride ourselves on tackling the hard cases, especially those involving pre-existing conditions. We know how insurance adjusters think, and we stay ahead of the tactics they use to minimize or reject valid personal injury claims.

One common maneuver involves cherry-picking parts of your medical records to paint an incomplete or misleading picture. We counter this by assembling detailed records, working with medical experts, and preparing you thoroughly for every phase of the claims process.

Our team also combats the myth that people with pre-existing conditions are “just trying to blame their problems on someone else.” We know that accidents caused by someone else’s negligence can significantly worsen an existing medical issue. Whether it’s a traumatic brain injury made worse by a second blow or chronic pain that’s now unbearable, we fight for your right to a fair settlement.

We also understand how injuries affect your lost wages, family responsibilities, and ability to enjoy life. We don’t stop at proving liability—we aim to capture the full impact of what you’ve endured.

And it all starts with a free consultation.

Contact an Oregon Personal Injury Attorney Today

Whether your case involves entirely new injuries, the aggravation of pre-existing injuries, or a complicated medical background, you don’t have to go it alone. At Johnston Personal Injury Law Firm, we’ve helped countless Oregonians recover compensation for injuries that were dismissed by others as “old problems.”

Let us evaluate your case, examine your medical records, and help determine how pre-existing conditions affect your personal injury lawsuit. We’re committed to ensuring you receive fair compensation, not just for your medical expenses, but for every way your life has changed.

You’ve suffered enough. Now, it’s time to protect your rights.

Contact Johnston Personal Injury Law Firm today for a free consultation. Let’s talk about how we can help you move forward with confidence and clarity.