Can Pre-Existing Health Conditions Affect Your Arizona Personal Injury Case?

We know how stressful it is to get injured in an accident, only to worry that an old injury or health issue might ruin your chances of getting fair compensation. The truth is, a prior health issue does not automatically ruin your claim, but it does change how we need to handle it.

The Short Answer

• Yes, it affects your case: Insurance companies will look at your medical history to see if your current pain is tied to an old issue.
• No, it does NOT disqualify you: Having a prior injury does not erase your legal rights.
• You can recover for worsening: The law requires the at-fault driver to compensate you for any aggravation or worsening of your condition caused by the crash.

When a Pre-Existing Condition Does NOT Hurt Your Case

• Dormant Conditions: If you had an old injury that completely healed, or a condition that wasn’t causing you any pain right before the accident, it will not destroy your claim. The accident is viewed as the trigger that brought the pain back.
• The “Eggshell Plaintiff” Rule: Arizona law follows a simplified concept often called the “eggshell rule“. It means the at-fault driver takes you as they find you. If you were more susceptible to getting hurt because of a bad back, the driver is still responsible for the new damage they caused, even if a perfectly healthy person wouldn’t have been injured in the same crash.

For example, imagine you have Degenerative Disc Disease, but you feel completely fine and haven’t seen a doctor for back pain in years. You are rear-ended, and the force of the crash suddenly causes a herniated disc that requires surgery. The at-fault driver is responsible for that surgery because their negligence aggravated your dormant condition.

When It CAN Reduce Your Compensation

Your compensation can be reduced if you are undergoing active treatment. For example, if you were actively going to a chiropractor for neck pain the week before the crash, and the crash makes your neck hurt in the exact same spot, it is challenging to separate the old pain from the new pain.

Your compensation can also be reduced when there’s no new objective evidence—like a clear change on a post-accident MRI compared to an older scan—because insurance companies will argue that your condition didn’t actually change.

Also, if you wait weeks to see a doctor after the accident, the insurance adjuster will argue that your old injury simply flared up on its own and that the accident had nothing to do with it.

The “Secret” Insurance Database (The Index Bureau)

One of the biggest mistakes a claimant can make is trying to hide a past injury from the insurance adjuster.

Insurance companies use comprehensive, nationwide databases (often referred to as the Index Bureau or tools like Colossus). When you file a claim, they run your name, date of birth, and Social Security Number. They will instantly see every auto, workers’ compensation, or bodily injury claim you have ever filed in your lifetime.

If you tell an adjuster, “I’ve never hurt my neck before,” and their database shows a 2018 fender bender where you claimed whiplash, your credibility is destroyed. This is why we tell every client to be completely upfront with us about their past medical visits. 

When we know the full story from day one, we can stay ahead of the insurance company instead of giving them ammunition to use against you.

How Insurance Companies Use Pre-Existing Conditions Against You

• The Fishing Expedition: Adjusters love to hand over a blank medical release form right after a car crash. Don’t sign it. They aren’t trying to be helpful; they are simply digging through your past to find an old doctor’s visit they can blame for your current pain.
• Independent Medical Examinations (IMEs): If the insurance company fights your claim, they may force you to see one of their paid doctors. Unsurprisingly, these paid doctors almost always conclude that your pain is just the “natural progression” of getting older or a previous issue, rather than something caused by the collision.
• Using the Past Against You: If an adjuster spots an old health issue, they will use it as an excuse to make a severely low settlement offer. Their goal is simply to wear you down until you accept a bad deal.

How You Prove the Accident Made Your Condition Worse

• Old Imaging vs. New Scans: Nothing beats hard evidence. We look at your previous X-rays or MRIs and compare them directly to scans taken right after the collision. This makes it incredibly hard for them to deny the new structural damage.
• Getting the Right Medical Notes: We talk directly to your healthcare providers. We make sure they are noting in your charts exactly how this specific crash made your underlying issue worse.
• Building the Timeline: We put together a chronological timeline that highlights just how much time passed between your last complaint about the old injury and the day of the accident.

The Claims Process Timeline for Complex Medical Cases

Managing an injury claim with a pre-existing condition requires a more rigorous step-by-step approach than a standard case.

Phase	Action Required by Our Firm	Purpose
1. Baseline Medical Review	Obtain and review years of prior medical records related to the affected body part.	To establish an indisputable baseline of your health the day before the crash.
2. Post-Accident Diagnostics	Coordinate with your doctors to ensure specialized imaging (MRIs, CT scans) is ordered.	To objectively document the new, acute trauma.
3. The Demand & Expected Denial	Submit a comprehensive demand package outlining the specific aggravation. Prepare for the adjuster’s initial rejection.	To force the insurance company to put their denial rationale in writing.
4. Expert Counter-Strategy	Retain medical experts to refute the insurance company’s IME doctors.	To scientifically prove the crash was the proximate cause of the worsened pain.
5. Litigation Phase	When an insurer refuses to make a fair offer, we file a lawsuit and get ready for trial.	Taking the fight to court forces the insurance company to take the claim seriously.

What You Should Do If You Have a Prior Injury

1. Be Honest: Give your lawyer all the details regarding your health background. Hiding an old injury is the worst thing you can do for your case. If we know about it, we can protect you.
2. Seek Treatment Immediately: Go to the doctor or urgent care right after the crash. Documenting your new pain or worsening symptoms on day one is critical.
3. Avoid Giving Statements: Do not give a recorded statement to the at-fault driver’s insurance company, and do not sign their medical release forms without speaking to an attorney first.

Work with a Dedicated Mesa Personal Injury Team

Taking on a massive insurance carrier is exhausting, and it feels even worse when they try to use your own medical past to deny your claim. Here is what happened when clients in similar situations trusted us to protect their rights:

“I hired Shawn Dove to represent me for a small accident that I was in which resulted in some back issues. Shawn was wonderful to work with and was always immediately responsive when I had questions. In the end I got a nice little check plus he helped me get into a great chiropractor that I now take my kids to as well…” — Sarah Chamberlin [Read full review]

“Tim and Shawn were amazing! They consistently kept me updated throughout my case, always asked me how I felt about everything before making any decisions, and completely had my best interest in mind the whole time. I couldn’t have asked for better attorneys or a better outcome!…” — Victoria de los Santos [Read full review] 

If you or a loved one have been injured in an accident and are worried about how your medical history will affect your claim, contact Dove Law Firm, PLLC, a Mesa Personal Injury Lawyer today for a free, confidential consultation. We will review your case, explain your legal options, and build a strategy to maximize your recovery.

Frequently Asked Questions

Will my health insurance cover my treatment if another driver caused the accident? 

Yes. Your health insurance should step in to pay your initial medical bills. Once we secure a settlement from the at-fault driver, your health insurer will be reimbursed for what they paid out.

Do I have to disclose my past medical history to my lawyer? 

Absolutely. If we know about your prior injuries from day one, we can build a strong strategy to protect you from the insurance company’s tactics.

Can I get compensation for future medical care related to the aggravated injury? 

Yes. If your doctor states that the car accident worsened your condition to the point that you will need future treatments, we include those projected costs in your settlement demand.