Can You Recover Compensation in Texas if a Car Accident Aggravates an Old Injury?

 Posted on September 16, 2026 in Car Accidents

A car accident can cause pain to return from an injury you thought was behind you. After a crash, you could suddenly find yourself back at the doctor and dealing with limitations you had not experienced in years.

Having a preexisting injury does not prevent you from seeking compensation after a car accident. In Texas, you can recover damages for the additional harm caused when someone else's negligence makes an existing condition worse. If you've had an old injury aggravated by a car accident, a Dallas, TX personal injury attorney can help you navigate your claim.

What Counts as an Aggravated Injury After a Texas Car Accident?

An aggravated injury is a preexisting condition that becomes worse because of the crash. The accident does not have to cause a completely new injury for you to suffer additional harm.

For example, you might have injured your back several years ago but had since returned to your normal routine. If a collision causes more severe pain and sends you back to treatment, your claim can address the worsening of that condition.

The other driver is not responsible for medical problems that existed independently of the crash. Your claim instead focuses on the additional injury and losses caused by the accident.

How Can You Show That a Car Accident Made an Old Injury Worse?

Your medical history can help show how your health changed because of the accident. Records from before the crash can establish how serious the old injury was and whether you were still receiving treatment.

Records after the crash can then show new symptoms or additional care. Evidence that can help includes:

• Medical records from before and after the accident
• Test results, such as X-rays and MRIs
• Records showing that you needed additional treatment after the crash
• Work records showing new restrictions or missed time
• Information from your doctor about changes in your condition

Be open about your medical history when speaking with your doctors and attorney. An insurance company can obtain records of earlier treatment, and trying to minimize an old injury can make it harder to explain what actually changed after the accident.

Can an Insurance Company Blame Your Injuries From a Car Accident on a Preexisting Condition?

An insurer may argue that your current symptoms came from an earlier injury rather than the accident. This can become a major issue when the crash affected the same part of your body that was previously injured.

Your medical records can help answer that argument. For example, records might show that you had not needed treatment for your back for several years before the collision. If you began experiencing more severe symptoms and returned to treatment after the crash, that timeline supports your arguement that your condition changed.

The same is true when you were still receiving treatment before the accident. Your doctor can document whether your symptoms became more severe or your treatment needs changed after the collision.

What Compensation Can You Recover if an Old Injury Gets Worse?

Compensation can cover the losses caused by the worsening of your condition. This may include additional medical treatment, lost income if you cannot work, and compensation for the pain caused by the aggravated injury.

Under Texas Civil Practice and Remedies Code § 41.0105, recovery for medical or health care expenses is limited to the amount actually paid or incurred by or on behalf of the injured person. The amount of compensation will need to reflect the harm caused by the crash rather than the condition you already had. Medical and employment records can help establish that distinction.

How Long Do You Have to File a Texas Car Accident Lawsuit?

According to Texas Civil Practice and Remedies Code § 16.003, you typically have two years from the date of a car accident to file a personal injury lawsuit. However, it's advisable not to wait too long, as this can create practical problems when you have a preexisting injury.

If there is a long gap between the crash and your medical treatment, the insurance company can argue that something else caused the change in your condition. As soon as you notice an old injury flaring up or becoming more severe after a collision, seek medical care immediately.

Contact a Dallas, TX Car Accident Attorney

An old injury in a car crash can be challenging when it comes to pursuing a claim with insurance companies. If an accident made your condition worse, The Law Office of J. Gregory Marks can help you understand what compensation you can pursue.

Attorney Gregory Marks has over 35 years of legal experience and has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1997. For a free consultation, contact our Arlington, TX car accident lawyer or call 214-427-4417.