Pre-Existing Conditions and Car Accidents in El Paso, TX: Your Guide to Compensation and Care

Car accidents happen often in El Paso, Texas. The city has major roads, including I-10 and US-54. These highways see many crashes each year. If you get hurt in one, it can change your life. But what if you already had a health problem before the accident? Many people worry about this. They ask whether a new crash can worsen an old injury. And if so, can they still get help with medical bills and other costs?

This is a common question. Pre-existing conditions are things like old back pain, arthritis, or even mental health issues. A car accident can worsen their injuries. In Texas, the law helps protect you. You can seek money for the extra harm caused by the crash. This is true even in El Paso. Local courts follow state rules. However, insurance companies might try to decline. They could blame your old condition for all the pain.

Don’t worry. You have rights. The “eggshell skull rule” is key here. It states that the person who caused the accident must pay for all damages. Even if you were more fragile because of your past health issue. This rule comes from old court cases. It ensures everyone receives fair treatment (Smith & Hassler, n.d.; Reyes Browne Law, n.d.).

In this article, we’ll explain everything. We’ll cover what the rule means. How to prove your case. What money might you get? And where to find care in El Paso. We’ll also talk about Dr. Alexander Jimenez. He is a local expert on these issues. His clinic helps many people after crashes.

El Paso has its own challenges. Border traffic and desert weather can increase the risk of accidents. But help is available. Read on to learn more.

What Is a Pre-Existing Condition?

A pre-existing condition is any health problem you had before the accident. It could be from years ago. Or something recent. Examples include:

• Back or neck injuries from past falls.
• Arthritis that causes joint pain.
• Diabetes or heart issues.
• Mental health problems like anxiety.
• Old fractures that healed but left weakness.

These don’t stop you from making a claim. But they make things trickier. The accident must cause new harm. Or make the old problem worse. This is called aggravation (Gutierrez Law Firm, n.d.a).

Aggravation means the condition worsens permanently. It doesn’t go back to how it was. For example, if you had mild back pain, but now it’s constant after the crash. That’s aggravation. But if it’s just a short flare-up, it might not count as much (Reyes Browne Law, n.d.).

Doctors look at your records. They compare the pre- and post-accident periods. This helps show the change. In El Paso, many clinics do this. They know how crashes affect bodies.

Why does this matter? Insurance wants to pay less. They might say your pain is all related to the old issue. But Texas law says no. You deserve help with the aftermath of the accident (GDL Law Firm, n.d.).

The Eggshell Skull Rule Explained

The eggshell skull rule is a big part of Texas law. It’s also called the thin skull rule. It is also known as the eggshell plaintiff rule. It comes from common law. That means old judge decisions.

Here’s how it works. Imagine someone with a very thin skull. Like an eggshell. A small hit could break it. But a non-injured individual might be fine. The rule says the hitter must pay for the full break. They can’t say, “I didn’t know it was thin.” They take the victim as they find them (Amtz Law, n.d.; Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, n.d.).

In car accidents, this applies to pre-existing conditions. If you suffer from osteoporosis, your bones may be weaker. Additionally, the crash causes your bones to break more easily. The at-fault driver pays for it all. This applies even if your condition made the situation worse (Smith & Hassler, n.d.).

Texas courts use this rule. It’s in jury instructions. This aligns with the ruling in Leitch v. Hornsby (1996). Juries must award money for the aggravation. Not the whole old condition. The situation has only gotten worse (BHW Law Firm, n.d.; GTA Law, n.d.).

But there’s a twist. The crumbling skull rule. This is for conditions that would get worse anyway. Like degenerative disk disease. The at-fault party pays only for the additional damage caused by the crash. This is not the natural course of events (Smith & Hassler, n.d.).

In El Paso, this rule helps many people. The city has older drivers. Some have health issues. Crashes here often involve trucks or high speeds. Making injuries worse. But the rule protects you (Reyes Browne Law, n.d.).

Experts say be honest. Tell your doctor and lawyer everything. This builds a strong case (No Bull Law, n.d.; STL Injury Law, n.d.).

Can You Get Compensation in El Paso, TX?

Yes, you can. El Paso follows Texas laws. If the accident worsens your condition, you are entitled to compensation. For medical bills. Lost work. Pain. And more.

What can you recover?

• New medical costs: doctor visits, therapy, or surgery resulting from the worsening.
• Pain and suffering: Extra hurt from the aggravation.
• Lost wages: If you miss work because it’s worse now.
• Future care: If you need long-term help.
• Quality of life loss: If you can’t do hobbies or daily tasks.

Amounts vary. It depends on how much worse it gets. And proof. Minor cases get less. Permanent cases are on the rise (Siegfried & Jensen, n.d.; Gutierrez Law Firm, n.d.b).

Insurers might fight. They say it’s not from the crash. But with good evidence, you win. In El Paso, local lawyers know this. They handle border cases, too.

The statute of limitations is two years. File your claim in time (Gutierrez Law Firm, n.d.b; No Bull Law, n.d.).

How Insurers Handle These Claims

Insurance companies want to save money. They look at your old records. They might say the pain is all pre-existing. Or that it would happen anyway.

Common tricks:

• Ask for all medical history. Then twist it.
• Hire their own doctors to say no aggravation.
• Offer quick, low settlements.
• Blame age or degeneration.

Don’t fall for it. Get a lawyer. They stop these games. Lawyers, get your records. But only share what’s needed (Eckell, Sparks, Levy, Monte, Sloane, Matthews, & Auslander, n.d.; Romanow Law Group, n.d.).

In El Paso, insurers know the local courts. They settle more if you have strong proof.

Proving the Aggravation

Proving is key. You need evidence. Show the accident caused the worsening.

How to do it:

• Get medical records: Before and after. Compare symptoms.
• See a doctor right away: Tell them about your prior condition and new pain.
• Use tests: X-rays, MRIs. Show changes.
• Keep a journal: record daily pain and what you are unable to do.
• Get expert help: Doctors testify that the crash worsened it.
• Gather accident proof: Police report, photos, witnesses.

Be consistent. Follow treatments. Gaps can hurt your case (STL Injury Law, n.d.; Reyes Browne Law, n.d.; Ellis & Thomas, n.d.).

In El Paso, clinics like Dr. Jimenez’s do detailed checks. They use X-rays and tests to document (Jimenez, n.d.).

Credibility matters. Be honest. Lies can ruin it (Gage Mathers, n.d.).

Importance of Medical Care in El Paso

After a crash, see a doctor fast. Even if pain is delayed. In El Paso, specialized clinics help.

They document aggravation. Start rehab. This builds your case.

Dr. Alexander Jimenez is a top expert here. He is a DC, APRN, FNP-BC. With over 30 years. His Injury Medical Clinic is big. Over 30,000 square feet. In El Paso.

He uses holistic care. Chiropractic, functional medicine, therapy. In auto accidents, he sees how crashes exacerbate existing issues. Like whiplash on old neck pain. He also notes that accidents exacerbate pre-existing back injuries.

His observations: Accidents aggravate sciatica, discs, and fibromyalgia. Symptoms like pain and numbness grow. He uses digital X-rays and nerve tests. To show changes.

Recommendations: Non-invasive treatments. Adjustments, decompression, nutrition. Personalized plans. He documents everything. For insurance and lawyers (Jimenez, n.d.; LinkedIn, n.d.).

Other clinics offer similar services. These services are similar to chiropractic care for soft tissue injuries. Therapy reduces swelling. According to Foundation Chiropractic Clinic (n.d.), Hurst Clinic (n.d.), and Concord Chiropractic (n.d.), therapy enhances strength.

Choose specialists. They know auto injuries. Better than general doctors. They provide claims reports (Comprehensive Accident and Injury Center, n.d.; Your Back in Line, n.d.).

In El Paso, these help with local issues. Heat, for instance, intensifies pain.

What to Do After an Accident

Act quickly. Protect your claim.

Steps:

• Call police: Get a report.
• Take photos: Scene, cars, injuries.
• Get witness info.
• See doctor: Mention old condition.
• Don’t talk to insurance alone.
• Hire a lawyer: They handle the rest.
• Document all: Bills, pain logs.

This works in El Paso. Local help is close (STL Injury Law, n.d.; Spektor Law, n.d.).

Conclusion

Car accidents in El Paso can be tough. Especially with pre-existing conditions. But Texas law protects you. The eggshell rule ensures fair pay. Prove aggravation with records. Get care from experts like Dr. Jimenez. Don’t let insurers win. Seek help. You can recover.

---

References

Abraham, Watkins, Nichols, Agosto, Aziz & Stogner. (n.d.). Do pre-existing conditions disqualify me from damages in a personal injury case? https://abrahamwatkins.com/personal-injury-faqs/do-pre-existing-conditions-disqualify-me-from-damages-in-a-personal-injury-case/

Amtz Law. (n.d.). How pre-existing conditions affect your personal injury claim. https://amtzlaw.com/how-pre-existing-conditions-affect-your-personal-injury-claim/

BHW Law Firm. (n.d.). Pre-existing injury accident Texas. https://www.bhwlawfirm.com/pre-existing-injury-accident-texas/

Comprehensive Accident and Injury Center. (n.d.). Doctor or chiropractor after a car accident. https://comprehensiveaccidentandinjury.com/doctor-or-chiropractor-after-a-car-accident/

Concord Chiropractic. (n.d.). Auto accident rehabilitation Carneys Point NJ. https://www.concordchiropracticde.com/auto-accident-rehabilitation/carneys-point-nj

Eckell, Sparks, Levy, Monte, Sloane, Matthews & Auslander. (2025). Impact pre-existing conditions on car accident claim. https://www.eckellsparks.com/2025/04/25/impact-pre-existing-conditions-on-car-accident-claim/

Ellis & Thomas. (n.d.). Pre-existing condition personal injury Texas. https://www.ellisandthomas.com/pre-existing-condition-personal-injury-texas/

Foundation Chiropractic Clinic. (n.d.). Auto injuries. https://www.foundationchiroclinic.com/services/auto-injuries/

Gage Mathers. (n.d.). Does pre-existing condition affect accident claim. https://gagemathers.com/does-pre-existing-condition-affect-accident-claim/

GDL Law Firm. (n.d.). Will a pre-existing condition affect my personal injury claim in Texas? https://gdlfirm.com/will-a-pre-existing-condition-affect-my-personal-injury-claim-in-texas/

GTA Law. (n.d.). Impact of pre-existing conditions on personal injury claims. https://www.gta-law.com/impact-of-pre-existing-conditions-on-personal-injury-claims/

Gutierrez Law Firm. (n.d.a). An accident aggravated a pre-existing condition: Do I still have a claim? https://gutierrez-law.com/blog/an-accident-aggravated-a-pre-existing-condition-do-i-still-have-a-claim/

Gutierrez Law Firm. (n.d.b). Do I still have a personal injury claim in Texas if I have a pre-existing condition? https://gutierrez-law.com/personal-injury-lawyer-bryan-tx/do-i-still-have-a-personal-injury-claim-in-texas-if-i-have-a-pre-existing-condition/

Hurst Clinic. (n.d.). MVC and OJI claims at Hurst Chiropractic. https://hurstclinic.com/mvc-and-oji-claims-at-hurst-chiropractic/

Jimenez, A. (n.d.). Dr. Alex Jimenez. https://dralexjimenez.com/

LinkedIn. (n.d.). Dr. Alexander Jimenez DC, APRN, FNP-BC, IFMCP, CFMP, ATN. https://www.linkedin.com/in/dralexjimenez/

No Bull Law. (n.d.). Aggravated condition car accident settlement Texas. https://www.nobulllaw.com/blog/aggravated-condition-car-accident-settlement-texas

Reyes Browne Law. (n.d.). Accident aggravated a pre-existing condition. https://www.reyeslaw.com/blog/accident-aggravated-a-pre-existing-condition/

Romanow Law Group. (n.d.). Impact of pre-existing conditions on car accident injury claims. https://www.romanowlawgroup.com/articles/impact-of-pre-existing-conditions-on-car-accident-injury-claims/

Siegfried & Jensen. (n.d.). How do pre-existing injuries affect a car accident claim? https://siegfriedandjensen.com/faqs/how-do-pre-existing-injuries-affect-a-car-accident-claim/

Smith & Hassler. (n.d.). What happens car accident worsens pre-existing condition. https://www.smithandhassler.com/articles/what-happens-car-accident-worsens-pre-existing-condition/

Spektor Law. (n.d.). Pre-existing conditions after car accident. https://www.spektorlaw.com/pre-existing-conditions-after-car-accident/

STL Injury Law. (n.d.). What to do if a car accident aggravates a pre-existing condition. https://stlinjurylaw.com/blog/what-to-do-if-a-car-accident-aggravates-a-pre-existing-condition/

Your Back in Line. (n.d.). Been hurt in an auto accident. https://www.yourbackinlinenow.com/been-hurt-in-an-auto-accident