Car Accidents in El Paso: What If You Have a Pre-Existing Condition?

Getting hurt in a motor vehicle accident is stressful. It can feel even worse when you already had a health issue before the crash—like old neck pain, a prior back injury, arthritis, a previous surgery, migraines, or a past concussion.

A very common question in Texas is:

“What if this crash made my old condition worse—can I still be covered?”

In many cases, yes. Texas law generally allows an injured person to seek compensation when a crash aggravates (worsens) a pre-existing condition. That protection is often explained through the “eggshell skull” (eggshell plaintiff) rule, which means the at-fault party is responsible for the harm they caused, even if you were more vulnerable than someone else.

This article explains how that works in real life—especially for people dealing with car accidents in El Paso—and why strong medical documentation is often the difference between a denied claim and a fair outcome.

What Counts as a “Pre-Existing Condition”?

A pre-existing condition is any injury, illness, or diagnosis you had before the crash.

Examples that often come up after car accidents include:

Prior neck or back injuries (including old whiplash)
Degenerative disc disease, arthritis, or spinal stenosis
Previous herniated discs or sciatica
Prior concussions, headaches, or migraines
Past shoulder, knee, or hip injuries
Fibromyalgia or chronic pain conditions
Prior surgeries (spine, joints, abdomen, etc.)

Important point: sometimes a “pre-existing condition” is something you didn’t even know you had until the crash triggered symptoms and imaging found it.

The Key Legal Idea: The Eggshell Skull Rule (Texas)

The eggshell plaintiff rule is commonly summarized like this:

The at-fault party must “take the injured person as they are.”
So if the crash causes more serious harm because your body was already vulnerable, the at-fault party can still be responsible for the full harm caused by the crash.

What Texas juries are told to consider

Texas guidance for juries also addresses aggravation. One commonly cited instruction provides that if a pre-existing injury or condition is aggravated, the jury should determine damages resulting from the aggravation.

What the rule does not mean

This rule does not automatically mean that every symptom is attributed to the crash. Insurance companies often argue:

“This is just your old problem acting up,” or
“Your condition would have gotten worse anyway.”

That brings us to the most important issue in these cases: proof and documentation.

The Real-World Standard: You Must Show Worsening (Aggravation) or New Harm

Even with the eggshell skull rule, you typically still have to show:

The crash caused new injury, new symptoms, or measurable worsening, and
The change is not merely the normal day-to-day fluctuations of your prior condition.

A simple way to understand this is:

The claim is usually about the “difference” between how you were doing before the crash and after the crash.

Examples of aggravation

You had mild low back pain once in a while, but after the crash, you now have daily pain, leg numbness, and can’t sit or drive for long.
You had stable arthritis, but after the crash, you now have a reduced range of motion, swelling, and need more treatment.
You had a previous disc issue, but after the crash, imaging shows changes, and your symptoms are now worse.

Why Insurance Companies Push Back So Hard

Pre-existing condition cases are often more contested because insurers may seek to limit payouts by asserting that the crash did not cause the condition. Common tactics can include:

Requesting extensive past medical records
Claiming the injury is from “degeneration” or “aging”
Hiring defense medical experts to minimize aggravation
Offering a low settlement early, before the full picture is known

This is why many legal resources strongly emphasize:

Seek medical care early
Be honest about your medical history
Document everything

The Medical Side: Documentation Is Everything

From a clinical perspective, aggravation cases are decided on the basis of clear medical records. Several legal and injury-care resources repeat the same message:

You can’t “prove” aggravation without strong documentation showing before-and-after changes.

Here’s what strong documentation usually includes:

A clear symptom description right after the crash (pain, numbness, weakness, dizziness, headaches, sleep changes)
Exam findings (range of motion limits, neurological findings, orthopedic test results)
A timeline of symptoms (what changed, when, and how it affects daily life)
Imaging when appropriate (X-ray, MRI, CT)
Progress notes showing response (or lack of response) to care

A practical “after a crash” checklist

Get evaluated soon (even if pain feels “not that bad” at first)
Tell the clinician about your past condition and your new symptoms
Track symptoms daily for a few weeks (pain level, sleep, walking, work limits)
Follow the care plan and keep all records and receipts

Clinical Observations From Dr. Alexander Jimenez (DC, APRN, FNP-BC)

In auto-injury practice, one recurring pattern is that people with pre-existing conditions often feel confused after a crash:

“Was this already there?”
“Did I just flare up?”
“Should I wait it out?”

Clinical injury care often focuses on early evaluation, careful documentation, and step-by-step reassessment, because pain and nerve symptoms can evolve over days to weeks after a collision.

Dr. Jimenez describes a model that combines chiropractic and nurse practitioner scope—aimed at:

Detailed musculoskeletal and neurological exams
Ordering imaging when red flags or concerning findings appear
Starting conservative care (movement guidance, rehab planning, soft tissue work)
Building records that clearly explain injury mechanisms and functional loss over time

Why early care matters (especially with pre-existing conditions)

A major clinical reason to get checked sooner is that early records help show:

What you felt right after the crash
What changed from your baseline
How function changed (work, driving, sleep, lifting, walking)

Telemedicine can also help some patients be evaluated promptly when they are too sore to drive, while still documenting symptoms and crash details near the event.

What “Specialized Auto Accident Care” Usually Means

When people say they want a clinic that “specializes in auto accidents,” they are often looking for care that includes:

A structured intake that captures the crash mechanism and symptom timeline
Re-exams that track objective changes (mobility, strength, neuro signs)
A plan that combines pain control, stabilization, and rehab progression
Clear documentation that can support an injury claim

Common components of rehab for aggravation cases

Depending on findings and safety screening, care plans may include:

Chiropractic and joint mobility work (when appropriate)
Soft tissue therapies and myofascial work
Therapeutic exercise and graded activity
Posture and movement retraining
Home care steps (ice/heat, sleep positioning, gentle mobility)
Imaging referral when symptoms suggest a more serious injury

Not every patient needs every service. The point is a planned pathway, not random visits.

Damages People Often Seek When a Condition Is Worsened

This is not legal advice, but many Texas-based resources describe similar categories of damages people may pursue when an accident worsens a condition:

New or increased medical costs (including future care tied to the aggravation)
Lost income or reduced ability to work
Pain and suffering/loss of quality of life
Out-of-pocket costs related to the injury

A key idea repeated in multiple explanations is:

You typically seek compensation for the worsening and its consequences, not for the condition you already had by itself.

Common Mistakes That Can Hurt These Claims

People don’t mean to make mistakes—most are just trying to get through a difficult situation. But these issues can cause trouble later:

Waiting too long to get evaluated (missing the early “baseline” record)
Downplaying symptoms at first, then later reporting severe limits (it can look inconsistent)
Hiding prior history (insurers may frame that as dishonesty)
Not following up when symptoms worsen (especially nerve signs)
Settling too early before the full extent of aggravation is clear

Red Flags: When You Should Seek Urgent Medical Help

Some symptoms need urgent evaluation, especially after a crash:

Weakness in an arm or leg
New trouble walking or balance problems
Loss of bowel or bladder control
Severe headache, confusion, or repeated vomiting
Chest pain, shortness of breath, or severe abdominal pain

If any of these happen, urgent care or emergency evaluation may be needed. (This is general safety guidance, not a diagnosis.)

A Clear, Simple Summary

If you have a pre-existing condition and a car crash made it worse in Texas, these are the core ideas:

You can still have a valid claim when a crash worsens a prior condition.
The eggshell skull rule supports the idea that the at-fault party is responsible for harm caused, even if you were more vulnerable.
You usually must show the worsening with credible medical evidence and a clear timeline.
The best protection is early, thorough evaluation and documentation, followed by consistent follow-up care.