The Impact of Pre-Existing Conditions on Personal Injury Claims in Arizona

If you’re dealing with an injury from a car accident, slip-and-fall, or other event in Arizona, but you already had a health issue, you may be worried: “Will the insurance company just blame my old injury? Can I get fair compensation?” At GLG Personal Injury Lawyers, we hear these concerns from clients in Phoenix, Mesa, Tucson, Glendale, Scottsdale, and throughout Arizona every day. This comprehensive guide—packed with local verdicts, sample forms, and tips from real cases—explains your rights, Arizona’s laws, and proven strategies for protecting your claim when you have a pre-existing condition.

Table of Contents: The Impact of Pre-Existing Conditions on Personal Injury Claims

• Introduction: Why Pre-Existing Conditions Matter in Arizona
• Outline of This Guide
• What Counts as a Pre-Existing Condition?
• The Eggshell Plaintiff Rule in Arizona
• Arizona Legal Standards & Intersection with Disability Law
• City-Specific Arizona Verdicts and Results
• Case Studies: Arizona Examples & Personal Anecdotes
• Life Care Planning for Pre-Existing & Catastrophic Injuries
• How to Prove Accident Aggravation
• Sample Medical Forms & IME Prep Tips
• Insurance Company Tactics—How to Fight Back
• How to Build a Strong Case
• Pro Tips from Arizona Lawyers
• Emerging Trends in Arizona Injury Law
• Myth-Busting: Pre-Existing Conditions
• Local Non-Competing Law Firms & Resources
• FAQ: Pre-Existing Conditions in Arizona Claims
• How-To Guides: 10 Steps for Arizona Victims
• Conclusion: Your History Doesn’t Define Your Future

Introduction: Why Pre-Existing Conditions Matter in Arizona

Many Arizonans live with chronic pain, arthritis, old sports injuries, or even permanent disabilities. When you get injured in a crash, insurance companies almost always try to blame your current symptoms on your past. But Arizona law—and a good attorney—can make sure you’re paid for any aggravation or worsening caused by the accident. It’s about fairness and medical reality, not “blame.”

Outline of This Guide

• What is a pre-existing condition? Why does it matter?
• Arizona’s “eggshell plaintiff” rule & disability law intersection
• Local verdicts, settlements, and trends by city
• How to document aggravation and maximize compensation
• Life care planning, IME tips, sample forms, and expert strategies
• Common insurer tactics—and how to defeat them
• Tips, myths, expanded FAQ, and more

What Counts as a Pre-Existing Condition?

Any prior injury, ongoing pain, disability, or chronic illness can be relevant. Examples:

• Old fractures or joint injuries (ankle, shoulder, knee, wrist)
• Back pain or degenerative disc disease
• Arthritis, fibromyalgia, or autoimmune disease
• Neurological conditions (prior concussions, seizures, migraines)
• Diabetes, heart problems, or other “invisible” conditions
• Mental health: PTSD, anxiety, depression
• Any prior disability requiring accommodations at work/school

The Eggshell Plaintiff Rule in Arizona

Arizona’s “eggshell plaintiff” doctrine means that a negligent driver or property owner is responsible for all harm their actions cause—even if you were more vulnerable because of a prior condition. The classic legal instruction is: “You take your victim as you find them.” This means even a minor collision that causes a major injury (because of your history) is still fully compensable under Arizona law.

From our files: “A retired teacher with osteoporosis broke her hip in a parking lot fall. The defense argued ‘a healthy person wouldn’t have been hurt.’ But the court followed the eggshell rule, and she received a $275,000 verdict in Maricopa County.”

Arizona Legal Standards & Intersection with Disability Law

Arizona’s courts and statutes (see A.R.S. § 12-2506 and standard jury instructions) require:

• Proof the accident aggravated a pre-existing condition, *not* just caused new injury
• Compensation for the “additional harm” resulting from the crash
• No deduction or penalty because of your “frailty” or disability

Many claims involve the intersection of disability law (ADA, workplace accommodations) and personal injury. If you were working with accommodations before an accident but can no longer work, you may have a greater wage loss and future care claim—especially in Arizona cities with diverse job markets like Phoenix and Tucson.

Arizona lawyers routinely work with disability benefit specialists to coordinate SSDI, workers’ comp, and injury settlements. Tip: Always tell your attorney about any prior disability benefits or claims—coordination protects your future.

City-Specific Arizona Verdicts and Results

• Phoenix: 2024—A warehouse worker with chronic knee pain aggravated by a fall recovered $190,000 after defense claimed his pain “was old news.” The jury sided with new MRI evidence.
• Mesa: 2023—Teacher with scoliosis and minor car accident won $120,000. Her pre-crash activity logs showed clear loss of function after the accident.
• Scottsdale: 2022—Teen with prior ADHD and mild TBI (traumatic brain injury) suffered a new concussion in a sports accident. Settlement included both new and worsened symptoms, with special education costs covered.
• Tucson: 2023—Veteran with PTSD and prior back injury had symptoms spike after a trucking crash. Defense tried to deny all mental health claims. After expert review, the jury awarded full damages for counseling and pain management.
• Glendale: 2022—Construction worker with prior hand injury aggravated by a machine accident. IME (independent medical exam) found “objective” new nerve damage. The worker received lifetime medical care planning in settlement.

Case Studies: Arizona Examples & Personal Anecdotes

Phoenix: Back Injury with Disability Overlap

Our client, already on light duty due to an old back injury, was rear-ended while driving for work. Afterward, she couldn’t work at all. The insurer argued she was “already disabled.” With coordinated medical records, ADA accommodation letters, and a life care planner’s report, we secured a $285,000 settlement—including future home health care.

Tucson: Exacerbation of Mental Health Condition

A young man with controlled depression and anxiety suffered a head injury in a bicycle accident. His symptoms spiraled, and he could not return to college. Working with his psychiatrist, we documented the “before and after,” securing funds for both tuition reimbursement and ongoing therapy.

Client Quote:

“GLG was the first lawyer to really listen to how my life changed after the accident—not just my pain, but what I lost at work and home. They helped my doctors put it all in writing. The insurance company had to pay for my future care—not just what I’d already spent.”

Life Care Planning for Pre-Existing & Catastrophic Injuries

When pre-existing conditions combine with accident trauma, long-term care needs often skyrocket. Life care planning documents are crucial—especially in cases involving:

• Permanent disability or new need for home assistance
• Loss of independent living or return to work
• Major surgeries, mobility aids, or adaptive equipment
• Psychological support and therapy
• Future medical monitoring (e.g., after head injury or chronic pain flare)

Arizona verdicts increasingly include structured settlements for future costs, especially in Phoenix and Tucson. Experienced injury lawyers coordinate with certified life care planners and medical experts to create evidence-based projections for the rest of your life. This can add hundreds of thousands of dollars to a verdict or settlement, especially for those with complex medical histories.

How to Prove Accident Aggravation

• Get immediate medical care—even if symptoms seem “the same.”
• Obtain and compare pre- and post-accident medical records, including imaging and therapy notes.
• Keep a daily log of pain, medications, and activity limits.
• Request a letter from your treating physician specifically addressing “aggravation” or “exacerbation.”
• Gather statements from employers, teachers, family, and friends showing changes in ability or mood.
• Consider expert testimony—Arizona courts respect clear, neutral opinions from treating doctors, not just “hired guns.”

Sample Medical Forms & IME Prep Tips

Sample Doctor Letter (Aggravation Statement)

To Whom It May Concern:
My patient, Jane Doe, has a history of lumbar disc disease. Following her motor vehicle collision on 6/1/2025, she developed increased pain, numbness, and weakness not present prior to the crash. It is my medical opinion that this accident significantly aggravated her pre-existing back condition, resulting in new and more severe limitations.
Sincerely,
Dr. John Smith, Orthopedic Surgeon

Sample Daily Pain Journal Entry

Date: 7/15/2025
Pain Level: 8/10
Activities affected: Could not drive or do laundry, missed work
New symptoms: Shooting pain down left leg, started after the accident, not present before
Medications taken: Ibuprofen, muscle relaxant (as prescribed)
Notes: Spoke with Dr. Lee, follow-up scheduled for next week.

IME (Independent Medical Exam) Prep Tips

• Be truthful but concise—do not exaggerate or minimize symptoms.
• Review your medical history and pain diary before the exam.
• Don’t let the examiner rush you; take your time to explain all symptoms.
• Bring a list of current medications and treatment providers.
• Politely correct any factual mistakes the IME doctor makes.
• Ask for a copy of the IME report (your attorney can help).
• Avoid discussing unrelated past injuries unless directly asked.
• After the IME, write down your recollection of the questions and your answers—this may help challenge a bad-faith report later.

Insurance Company Tactics—How to Fight Back

• Blaming all symptoms on prior injuries—even if you were stable before
• Requesting years (or decades) of irrelevant medical records
• Sending you to “independent” medical exams by their hand-picked doctors
• Offering nuisance-value settlements based on your medical history
• Arguing your disability or need for care is unrelated to the accident

At GLG, we counter these tactics by controlling the narrative: supplying the relevant records, presenting strong before-and-after evidence, and using respected local doctors and life care planners. Never accept an insurer’s first offer on a complex case.

How to Build a Strong Case

1. Tell your lawyer about all prior injuries, disabilities, and benefit claims.
2. Gather pre-accident and post-accident records—especially from key providers.
3. Get updated imaging if new pain or limitations arise.
4. Start a daily pain and function journal.
5. Get clear “aggravation” statements from your doctor.
6. Consult a certified life care planner for major or permanent injuries.
7. Limit what you share with the insurer—let your attorney filter all requests.
8. Prepare for IMEs with a checklist and knowledge of your records.
9. Collect statements from family, coworkers, or teachers.
10. Be patient—these cases require expert evidence and may take longer.

Pro Tips from Arizona Lawyers

• Be transparent: hiding old injuries kills credibility.
• Don’t give insurers “open season” on your medical history—limit to relevant timeframes.
• Coordinate any personal injury, disability, or workers’ comp claims—double recovery isn’t allowed, but strategic planning maximizes your outcome.
• Use your own board-certified Arizona doctors for expert opinions.
• If the insurer insists on an IME, your attorney can attend or arrange for a witness to join you.
• Get all paperwork in writing—phone calls don’t count in court.
• For children or students, school counselors and IEP (Individualized Education Program) records can be critical evidence.
• Don’t rush to settle if you’re still being treated—future needs must be included.
• Always get legal advice before signing anything from the insurer.
• Patience pays: major Arizona verdicts take time but can be life-changing.

Emerging Trends in Arizona Injury Law

• AI-driven record reviews: insurers flag pre-existing conditions faster than ever.
• Telemedicine: Arizona courts now recognize virtual visits and digital records.
• Increased use of structured settlements and life care plans in Phoenix/Tucson verdicts for lifetime disability cases.
• Coordinating SSDI (disability) and injury settlements to maximize net recovery and maintain benefits.
• Wearables and home health tech as new evidence of function and limitations.

Myth-Busting: Pre-Existing Conditions

• Myth: “Your old injury means you can’t recover.”
  Fact: Arizona law protects aggravation and new harm, not just “perfect” victims.
• Myth: “Insurers always get all your records for you.”
  Fact: You control what is provided—within reason.
• Myth: “Disability means your case isn’t worth much.”
  Fact: Often the opposite—lifetime care and lost earnings can make verdicts much higher.
• Myth: “You must be 100% healthy to win.”
  Fact: Most Arizona claimants have some history. What matters is change, not the past.
• Myth: “You should hide past injuries.”
  Fact: Concealing facts is the #1 way to lose your case.

Local Non-Competing Law Firms & Resources

• Lewis Roca Rothgerber Christie LLP (business, IP, real estate)
• Fennemore (corporate law, not injury law)
• AZLawHelp.org (civil legal aid, not PI)
• Maricopa County Bar Association (directory, legal education)

For pre-existing condition or disability-related injury claims, contact GLG Personal Injury Lawyers or a Phoenix Car Accident Attorney.

FAQ: Pre-Existing Conditions in Arizona Claims

1. Will my past injuries ruin my new claim? No—Arizona law allows compensation for new harm or aggravation.
2. What if my old injury was disabling? Your wage loss and care needs may be greater—often making the case more valuable.
3. Should I provide all my medical records? Only those relevant to the area and time—ask your lawyer for help.
4. Can I recover for mental health aggravation? Yes, Arizona courts routinely award damages for PTSD, anxiety, or depression made worse by an accident.
5. How do doctors prove new vs. old injuries? Through detailed comparison of exams, imaging, and function before and after the accident.
6. What is a life care planner? A medical expert who projects your future needs and costs; often used in serious or permanent injury cases.
7. What if I’m on SSDI or disability? Your lawyer can coordinate your settlement to avoid loss of benefits.
8. How do I prepare for an IME? Review your history, bring notes, and be clear about new symptoms.
9. Are settlements higher in certain Arizona cities? Larger cities (Phoenix, Tucson) often see higher verdicts for lifetime care; every case is unique.
10. Can I get compensation for assistive devices or home modifications? Yes—life care plans and local verdicts increasingly cover these costs.

How-To Guides: 10 Steps for Arizona Victims

1. Disclose all prior injuries/disabilities to your lawyer.
2. Gather both pre- and post-accident records and imaging.
3. Keep a pain and activity journal—daily entries are best.
4. Ask your doctor for an “aggravation” letter (see sample above).
5. Consult a certified life care planner for long-term needs.
6. Prepare carefully for all IMEs; review your records and bring notes.
7. Collect statements from people who knew you before and after the accident.
8. Work with your lawyer to limit insurance requests to relevant information.
9. Coordinate all claims (injury, SSDI, workers’ comp) for best outcome.
10. Be patient, follow your treatment plan, and never sign anything without review.

Conclusion: Your History Doesn’t Define Your Future

Don’t let a pre-existing condition or disability keep you from seeking fair compensation in Arizona. With the right strategy and documentation, you can recover for what’s changed in your life. Your story matters—don’t let insurance companies write the ending. If you have questions, reach out to GLG Personal Injury Lawyers or a trusted Phoenix Car Accident Attorney today. We fight for you—no matter your history.