Pre-Existing Medical Conditions' Effect on an Injury Claim
At Haskett Williams Monaghan Attorneys at Law, we’ve handled countless personal injury cases where one issue keeps coming up: pre-existing medical conditions. Many of our clients worry that their prior health problems will hurt their chances of recovering compensation. Insurance companies often use those conditions as a reason to delay or deny legitimate claims.
Under Oregon law, however, having a pre-existing condition does not automatically reduce or eliminate your right to pursue a personal injury case. In fact, when an accident worsens a prior condition or triggers symptoms that had been under control, you may still be entitled to damages.
The legal system recognizes that people come with different health histories—and defendants must take victims as they find them.
In this article, we’ll explain how pre-existing conditions can affect your personal injury claim in Oregon and what we do to protect your rights throughout the process.
The “Eggshell Plaintiff” Rule in Oregon
One of the most important legal principles in this area is what’s known as the eggshell plaintiff doctrine. This rule says that a defendant is still legally responsible for injuries they cause—even if the injured person was more vulnerable due to a previous condition.
In Oregon, this principle is well recognized. If someone with a bad back gets into a car accident and ends up with worsened spinal pain, the person who caused the crash doesn’t get a pass just because the victim had a bad back. Instead, the law holds them responsible for the harm they actually caused—even if another person might not have been injured to the same degree.
Our job is to show how the accident changed your medical condition and to hold the at-fault party accountable for the difference. That can involve reviewing past medical records, consulting with healthcare professionals, and carefully documenting your symptoms before and after the incident.
How Pre-Existing Conditions Are Viewed in Personal Injury Cases
When a personal injury claim is filed, insurance companies immediately look for anything in your medical history that could reduce the value of your case. They may argue that your pain, loss of mobility, or need for treatment stems from an old injury, not the new incident.
We’ve seen this happen with conditions such as:
Degenerative disc disease
Arthritis
Previous concussions
Old fractures or sprains
Chronic back or neck problems
Depression or anxiety
But Oregon law does not allow insurance carriers to deny claims just because a person wasn’t in perfect health before the accident. What matters is whether the injury event made things worse. If it did—even slightly—you have a valid claim for damages related to that aggravation.
How We Handle Claims Involving Pre-Existing Conditions
We take a methodical and assertive approach when handling personal injury cases that involve pre-existing conditions. Here’s how we typically manage these situations:
Obtain Full Medical Records
We request your complete medical history, focusing on treatment before and after the accident. This helps us establish a timeline and identify any changes.Compare Baseline and Post-Injury Conditions
We look closely at your condition before the incident. If your symptoms worsened or you needed more aggressive treatment afterward, that helps us argue causation.Consult Treating Physicians
We often ask your doctors to prepare written statements or testify about how the accident affected your health. They’re in the best position to speak about changes in your condition.Use Independent Medical Evaluations (IMEs) When Necessary
If insurance companies dispute your claim, we may arrange an evaluation with a qualified medical provider to offer a fresh opinion on how the incident impacted your condition.Challenge Insurance Company Tactics
We push back hard when insurers try to blame all your current problems on your past health. They don’t get to cherry-pick facts or ignore real, measurable changes in your condition.
Our approach is clear and well-documented. We present facts that can stand up in settlement discussions—or in court, if necessary.
What Oregon Law Says About Aggravation of Pre-Existing Conditions
Under Oregon law, when an injury aggravates a pre-existing condition, the at-fault party is responsible for the degree of worsening. This concept is sometimes called apportionment—assigning fault for the new damage.
The Oregon Uniform Civil Jury Instructions (UCI 70.06) allow juries to award damages for the difference between your condition before and after the injury. You don’t have to prove the incident caused your condition from scratch. You only have to show that it made your situation worse or caused dormant symptoms to reappear.
Insurance companies try to frame the injury as a coincidence or suggest you would’ve needed treatment anyway. We refocus the conversation where it belongs: on what changed after the accident and why it matters.
Types of Damages You Can Still Recover
Just because you had a prior injury or condition doesn’t mean you have to accept a lower recovery. You may still be entitled to:
Medical expenses for additional treatment
Lost income due to missed work or reduced hours
Pain and suffering resulting from the worsening of your condition
Loss of enjoyment of life if you’re no longer able to do activities you once enjoyed
Future care costs if the aggravated injury is permanent or progressive
We work to develop solid evidence to support each type of damage you claim. If your injury limits your physical activity more than it did before, if you now need medication daily when you didn’t before, or if your mental health has suffered—those losses matter. And we make sure they’re included in your personal injury demand.
How Insurance Companies Try to Use Pre-Existing Conditions Against You
In nearly every personal injury case involving a prior condition, we see the same playbook from insurers. They request years of medical records and then look for anything they can use to minimize your claim.
They may:
Misrepresent prior symptoms as more serious than they were
Claim that treatment was already planned before the accident
Suggest you are exaggerating your current limitations
Argue that your injury had “reached a plateau” before the event
Our job is to expose these tactics for what they are. We respond with medical records, physician opinions, and testimony that shows a clear link between the accident and your current symptoms. Oregon juries tend to be fair-minded, and when presented with facts, they’re usually willing to recognize legitimate aggravation of prior injuries.
Importance of Being Honest and Consistent
We always tell our clients to be open and truthful about their medical history. Hiding a pre-existing condition only creates problems later. Insurance companies have access to prior records, and any inconsistency can be used to question your credibility.
It’s not about whether you had health issues before. It’s about whether your condition changed after the injury. If it did—and we can document how—it becomes part of a strong personal injury case.
We help you tell your story in a way that makes sense. Jurors understand that most adults have aches, pains, or chronic conditions. What matters is whether someone else’s actions caused you additional harm—and whether that harm deserves compensation.
When to File a Claim in Oregon
Under Oregon law, you generally have two years from the date of the injury to file a personal injury lawsuit. This deadline—known as the statute of limitations—applies regardless of whether you had pre-existing conditions.
We encourage clients to contact us early. The sooner we begin gathering medical records and documenting symptoms, the easier it is to show how your condition changed. Delaying can create gaps in treatment or allow insurers to argue that your injuries weren’t serious.
Final Thoughts
At Haskett Williams Monaghan Attorneys at Law, we’re committed to standing up for injured individuals—even when insurance companies try to use their health history against them. We’re proud to serve Bend, Oregon, and the surrounding areas of Redmond, Sun River, Prineville, and Sisters.