Car Accidents in El Paso With Pre-Existing Conditions: Your Rights
Table of Contents
Car accidents are stressful in themselves. But they feel even heavier when you already have a prior injury or a long-term health issue—like arthritis, degenerative disc disease, an old back injury, migraines, a past surgery, or ongoing neck pain. Many people in El Paso worry about the same thing:
“Will the insurance company say the damage is all from my old condition?”
“Do I still have a case if I wasn’t ‘perfect’ before the crash?”
“How do I prove the wreck made me worse?”
In Texas, the general legal principle often discussed in injury claims is the “eggshell skull rule” (also called the “thin skull” rule). In plain language, the person who caused the crash generally must “take the injured person as they are,” even if the injured person was more vulnerable than average.
At the same time, you still usually need to show that the crash caused a real change—such as a flare-up, new symptoms, new limitations, or a measurable worsening compared to your baseline before the wreck.
This article explains how to handle pre-existing conditions after a car accident in a way that supports both recovery and documentation, because those two are connected. (This is educational information, not legal advice.)
A pre-existing condition is anything you had before the collision, including:
Chronic back or neck pain
Prior herniated disc, sciatica, or spinal arthritis
Old sports injuries (shoulder, knee, ankle)
Prior surgeries (spine, joint, abdominal, etc.)
Migraines or headaches
Diabetes or other medical diagnoses that affect healing
Insurance companies often focus on pre-existing conditions because it gives them a reason to argue:
“This pain was already there.”
“This is the natural progression of aging.”
“The crash didn’t cause anything new.”
That’s why your medical timeline matters so much—what you were like before the crash vs. after.
The eggshell skull rule is commonly described like this:
If someone’s negligence causes an injury, the at-fault party can still be responsible even if the injured person was more fragile or vulnerable than an average person.
The focus shifts to the harm caused by the crash—including any worsening of an existing condition—rather than whether you were perfectly healthy before.
A key point that shows up across many injury-claim explanations is this:
You generally seek compensation for the difference between your condition before and after the wreck (the aggravation/worsening), not for the original condition by itself.
An accident can aggravate a prior condition in several common ways:
You may experience a higher pain level than your usual baseline.
Pain that lasts longer or is more frequent than before
Reduced range of motion (neck, shoulder, back, hip)
New symptoms may radiate into an arm or leg, such as numbness or tingling.
New weakness or loss of function
There is a new need for treatment, which may include imaging, injections, rehab, or surgery.
The main idea is: it’s not just “I had pain before.” It says, “the crash changed me.”
When a prior condition exists, insurers often “zoom in” on your medical history. They may:
Request old records to argue that your symptoms are not related
Question gaps in care (delayed treatment or missed visits)
Suggest you are exaggerating because vehicle damage looks “minor”
Offer a quick settlement before the full picture is clear
This pattern shows up repeatedly in discussions of aggravated-condition claims.
Your health comes first. But documentation is also a big part of protecting your rights.
If you wait too long, insurers may say:
“If it was serious, you would have gone sooner.”
“There’s no proof the crash caused this.”
Even many general educational resources about post-crash care emphasize that early medical records can be critical, especially when injuries are not obvious on day one.
Be direct and complete:
List your prior condition (example: “I had low back pain for 5 years.”)
Describe your baseline before the wreck (example: “Usually a 3/10 pain, worked full-time.”)
Explain what is different now (example: “Now it’s 7/10, leg tingling, can’t sit.”)
Many claim-focused articles stress that honesty about both the prior issue and the new change helps your credibility and supports a clearer medical story.
Here’s a simple approach that fits most situations.
Go to the ER or urgent care right away if you have red flags like:
Chest pain, severe headache, fainting
Severe weakness, slurred speech, confusion
Loss of bowel/bladder control
Suspected fracture, uncontrolled bleeding
A basic rule: severe or “scary” symptoms first, then follow-up care after.
A good post-crash exam often includes:
Range of motion testing
Neurologic screening (reflexes, strength, sensation)
Orthopedic testing (neck, shoulder, back, hip)
Functional limits (walking, lifting, sleep, driving tolerance)
Many post-accident care resources describe this type of step-by-step evaluation approach.
This is not about being dramatic. It’s about accuracy.
Track daily:
Pain level (0–10)
Sleep quality
Activities you can/can’t do
Work limitations
Medication use and side effects
Keeping a consistent personal record is often recommended because it helps show patterns (good days/bad days) and supports the story of change after the crash.
Gaps create an opportunity for insurers to argue that the injury has resolved. If something interrupts care (work, childcare, finances), document it and communicate it to the clinic.
When insurers deny, delay, or minimize an aggravated-condition claim, a legal consult is commonly recommended by many claim education resources.
If you have a pre-existing condition, the clinical challenge is not just treating pain. It’s also answering:
What changed after the crash?
Which tissues are involved (muscle, ligament, disc, nerve)?
What objective findings match the symptoms?
What treatment is reasonable, and what progress is happening?
Some auto-injury rehab resources describe multi-step care that may include:
Soft tissue work to reduce muscle guarding
Spinal/extremity adjustments when appropriate
Corrective exercise and mobility work
Re-evaluations to show measurable progress
In Dr. Jimenez’s clinical writing about personal injury care, a consistent theme is that good outcomes depend on two things happening together:
A careful clinical evaluation that looks at the whole patient
Clear documentation showing why the care is reasonable and medically necessary
On his personal injury content pages, he emphasizes that personal injury cases are difficult to resolve without documentation supporting the necessity of care.
He also describes how an integrative approach—combining chiropractic-style musculoskeletal assessment with nurse practitioner-level clinical screening—can be helpful for:
Early evaluation (including when a person is too sore or stressed to drive)
Documenting accident details while they are still fresh
Identifying when imaging is appropriate based on concerning findings
Giving clear instructions on when emergency care is needed
This “early documentation + appropriate testing + functional tracking” approach is especially important when pre-existing conditions are involved, as the goal is to demonstrate what is new, what has worsened, and what is objectively observed on the exam.
These steps are simple, but they’re powerful.
Prior records showing a stable baseline before the crash
New exam findings show a change after the crash
Imaging when clinically appropriate
Clear diagnosis list (what existed before vs. what worsened)
Progress notes showing response to care over time
Waiting weeks to start care (unless unavoidable)
Minimizing symptoms early, then reporting major disability later
Skipping follow-ups and creating big gaps
Doing heavy activity too soon and flaring symptoms without telling the provider
Insurer disputes often focus on delays, inconsistencies, and gaps—especially in aggravated-condition claims.
While each case is different, educational claim resources commonly describe recovery categories such as:
Medical expenses (past and future)
Rehab costs (therapy, chiropractic, exercise-based care)
Lost wages or reduced earning capacity
Pain and suffering (the human impact of the worsening)
Again, the key idea is usually the worsening caused by the crash, not the original condition alone.
If you need to explain your situation, keep it simple:
“I had a prior condition that was stable.”
“After the crash, my symptoms increased, and my function dropped.”
“I’m following medical recommendations and tracking progress.”
“My providers are documenting exam findings and response to care.”
This avoids extremes (“I was totally fine” or “I’ve always been disabled”) and keeps the focus on the change after the collision.
Seek urgent care if you notice:
Severe headache, confusion, fainting
New weakness, worsening numbness, or trouble walking
Chest pain, shortness of breath
Severe abdominal pain
Loss of bowel or bladder control
A careful clinical screening is important because some serious injuries are not apparent in the first hours.
If a car accident in El Paso worsens a pre-existing condition, many Texas-focused educational resources explain that you may still pursue compensation, and the eggshell skull concept is commonly cited as a protective legal doctrine.
The most practical strategy is to do three things consistently:
Get evaluated early
Describe your baseline clearly and what changed after the crash
Document your recovery over time with follow-up care and progress measures
If you are looking for specialist care in El Paso, clinics focused on crash injuries often emphasize structured exams, functional rehab, and clear documentation—all of which become even more important when pre-existing conditions are involved.
Abraham Watkins. (n.d.). Do Pre-Existing Conditions Disqualify Me From Damages in a Personal Injury Case?
Comprehensive Accident and Injury Center. (n.d.). Doctor or Chiropractor After a Car Accident
Eckell Sparks. (2025, April 25). Impact of Pre-Existing Conditions on Car Accident Claim
GDL Firm. (n.d.). Will a Pre-Existing Condition Affect My Personal Injury Claim in Texas?
Gutierrez Law. (n.d.). An Accident Aggravated a Pre-Existing Condition—Do I Still Have a Claim?
Gutierrez Law. (n.d.). Do I Still Have a Personal Injury Claim in Texas if I Have a Pre-Existing Condition?
Howard Lotspeich Alexander & Williams, PLLC. (n.d.). Pre-Existing Injury Accident Texas
No Bull Law. (n.d.). Aggravated Condition Car Accident Settlement in Texas
Reyes Browne Law. (n.d.). Accident Aggravated a Pre-Existing Condition
Smith & Hassler. (n.d.). What Happens if a Car Accident Worsens a Pre-Existing Condition?
STL Injury Law. (n.d.). What to Do if a Car Accident Aggravates a Pre-Existing Condition
Dr. Alexander Jimenez. (n.d.). Clinical Articles and Resources on Personal Injury & Recovery
Dr. Alexander Jimenez. (n.d.). Dr. Alexander Jimenez on LinkedIn
Professional Scope of Practice *
The information on this blog site is not intended to replace a one-on-one relationship with a qualified healthcare professional or licensed physician and is not medical advice. We encourage you to make healthcare decisions based on your research and partnership with a qualified healthcare professional.
Blog Information & Scope Discussions
Welcome to El Paso's Premier Wellness and Injury Care Clinic & Wellness Blog, where Dr. Alex Jimenez, DC, FNP-C, a board-certified Family Practice Nurse Practitioner (FNP-BC) and Chiropractor (DC), presents insights on how our team is dedicated to holistic healing and personalized care. Our practice aligns with evidence-based treatment protocols inspired by integrative medicine principles, similar to those found on this site and our family practice-based chiromed.com site, focusing on restoring health naturally for patients of all ages.
Our areas of chiropractic practice include Wellness & Nutrition, Chronic Pain, Personal Injury, Auto Accident Care, Work Injuries, Back Injury, Low Back Pain, Neck Pain, Migraine Headaches, Sports Injuries, Severe Sciatica, Scoliosis, Complex Herniated Discs, Fibromyalgia, Chronic Pain, Complex Injuries, Stress Management, Functional Medicine Treatments, and in-scope care protocols.
Our information scope is limited to chiropractic, musculoskeletal, physical medicine, wellness, contributing etiological viscerosomatic disturbances within clinical presentations, associated somato-visceral reflex clinical dynamics, subluxation complexes, sensitive health issues, and functional medicine articles, topics, and discussions.
We provide and present clinical collaboration with specialists from various disciplines. Each specialist is governed by their professional scope of practice and their jurisdiction of licensure. We use functional health & wellness protocols to treat and support care for the injuries or disorders of the musculoskeletal system.
Our videos, posts, topics, subjects, and insights cover clinical matters and issues that relate to and directly or indirectly support our clinical scope of practice.*
Our office has made a reasonable effort to provide supportive citations and has identified relevant research studies that support our posts. We provide copies of supporting research studies available to regulatory boards and the public upon request.
We understand that we cover matters that require an additional explanation of how they may assist in a particular care plan or treatment protocol; therefore, to discuss the subject matter above further, please feel free to ask Dr. Alex Jimenez, DC, APRN, FNP-BC, or contact us at 915-850-0900.
We are here to help you and your family.
Blessings
Dr. Alex Jimenez DC, MSACP, APRN, FNP-BC*, CCST, IFMCP, CFMP, ATN
email: coach@elpasofunctionalmedicine.com
Licensed as a Doctor of Chiropractic (DC) in Texas & New Mexico*
Texas DC License # TX5807
New Mexico DC License # NM-DC2182
Licensed as a Registered Nurse (RN*) in Texas & Multistate
Texas RN License # 1191402
ANCC FNP-BC: Board Certified Nurse Practitioner*
Compact Status: Multi-State License: Authorized to Practice in 40 States*
Graduate with Honors: ICHS: MSN-FNP (Family Nurse Practitioner Program)
Degree Granted. Master's in Family Practice MSN Diploma (Cum Laude)
Dr. Alex Jimenez, DC, APRN, FNP-BC*, CFMP, IFMCP, ATN, CCST
My Digital Business Card
The Ketogenic Diet in 2026: A Lasting Tool for Health and Wellness The ketogenic diet,… Read More
Optimal Joint Movement: Key to Pain-Free Living and Performance Optimal joint movement is often taken… Read More
When to See a Gastroenterologist vs. a Primary Care Doctor for Digestive Issues Digestive problems… Read More
Recommended Sports Training Gym Workout for Beginners (WellnessDoctorRx Style) Starting a “sports training” workout as… Read More
How to Detox from Stress: Simple Ways to Lower Cortisol and Feel Better Stress is… Read More
What Are the Anterior Hip and Leg Muscles: Why Do They Hurt? The front of… Read More