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Being involved in an accident is challenging enough, but it becomes even more complicated if you have a pre-existing health condition. Often, the injuries from the accident can worsen your existing condition, and you may worry about how this will affect your ability to seek compensation. The good news is that having a pre-existing condition does not disqualify you from pursuing damages. However, it can complicate the process, as insurance companies may argue that your injuries were pre-existing rather than caused by the accident.
With the right legal support, you can still achieve a fair outcome. At Abraham Watkins, our experienced team understands the complexities of such cases and is here to help you navigate the legal system.
To learn more about how we can assist you, call us today at 713-222-7211 for a free, confidential consultation. We’ll explain what to expect from your case without any obligation.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any health issue that existed before the accident. This can include genetic disorders, chronic illnesses, previous injuries, or any medical condition that affects your daily life. In the context of injury cases, it’s important to distinguish between the pre-existing condition and any new or aggravated injuries caused by the accident.
Can a Pre-Existing Condition Affect My Compensation?
No. In Texas, having a pre-existing condition does not disqualify you from seeking compensation. This is due to the “eggshell skull” doctrine, which holds that the at-fault party is responsible for all injuries caused by their actions, even if the victim’s pre-existing condition made them more susceptible to harm. The at-fault party does not need to have known about your condition to be held liable.
What Happens if an Accident Aggravates a Pre-Existing Injury?
Accidents can exacerbate pre-existing conditions, such as back injuries or brain trauma. For example, someone with a prior herniated disc or degenerative disc disease may suffer more severe damage in a car accident than someone without such a condition. Similarly, a person with a history of brain injury could experience worsened symptoms after head trauma.
Under the eggshell skull doctrine, the at-fault party is responsible for the full extent of the injuries, including any aggravation of pre-existing conditions. With skilled legal representation, you can ensure that your condition does not hinder your ability to recover fair compensation.
How Might Insurance Companies Use My Pre-Existing Condition Against Me?
Insurance companies often try to minimize payouts by arguing that your injuries were pre-existing and unrelated to the accident. They may use tactics such as:
Claiming that your injuries were caused by your prior condition rather than the accident.
Requesting extensive medical records to find evidence of your pre-existing condition.
Offering low settlements, hoping you’ll accept less than you deserve.
To counter these tactics, it’s crucial to have strong legal representation. An experienced attorney can work with medical experts to demonstrate that the accident worsened your condition and that you deserve fair compensation.
Can I Still File a Personal Injury Claim if I Have a Pre-Existing Condition?
Even if you have a pre-existing medical condition, you are still eligible to file a personal injury claim. Even if the injury has aggravated your pre-existing condition or caused it to increase in severity, you can receive compensation for your medical bills and lost wages.
However, your case will need to be handled with finesse beyond what’s required for a standard injury claim. Selecting the right firm of personal injury lawyers to file your claim will determine your level of success. Since your case may require more effort, such as collecting extensive medical records and statements from current and previous healthcare providers, you’ll want to seek legal representation immediately following your injury.
The Eggshell Doctrine in Houston, TX
In Texas, the use of the Eggshell Doctrine is common in personal injury claims where there are pre-existing conditions. This doctrine suggests that some victims are more vulnerable to injuries because of their pre-existing medical conditions, particularly because negligence can cause situations that further aggravate injuries or create new injuries.
With this doctrine, the defendant must be held responsible for injuries related to the victim, even if the victim has special conditions or pre-existing conditions that make them more vulnerable to injury. Even if the defendant was not aware of the victim’s pre-existing conditions, they are still liable for injuries and compensation.
How Can I Protect My Claim?
The best way to safeguard your claim is to work with a knowledgeable attorney who can:
Gather evidence to prove that the accident caused or worsened your injuries.
Consult medical experts to testify about the connection between the accident and your condition.
Negotiate with insurance companies to ensure they don’t undervalue your claim.
Additionally, avoid discussing your case with insurance adjusters without legal representation. They may try to use your statements against you or pressure you into accepting a low settlement.
What Damages Can I Recover?
The damages available in cases involving pre-existing conditions are the same as in other injury cases. These may include:
Reimbursement for medical expenses, including future treatments necessitated by the accident.
Compensation for lost wages and reduced earning capacity.
Coverage for out-of-pocket expenses, such as transportation or childcare.
Compensation for loss of consortium or household services.
The specific damages you can recover depend on the details of your case. An attorney can help you identify which types of compensation apply to your situation.
How Long Do I Have to File a Claim?
In Texas, the statute of limitations for injury cases is generally two years from the date of the accident. If you fail to file within this timeframe, you may lose your right to seek compensation. While two years may seem like a long time, it’s important to act quickly. Delaying can result in lost evidence or give the opposing party more time to build their defense.
Debunking Myths of Pre-existing Conditions in Personal Injury Cases
When it comes to personal injury claims, the topic of pre-existing conditions is often surrounded by misconceptions and myths. Many people mistakenly believe that having a pre-existing condition automatically disqualifies them from receiving compensation for injuries sustained in an accident. However, the truth is far more nuanced and favors the injured party more than commonly thought.
Myth 1: Pre-existing Conditions Void Your Claim
One prevalent myth is that if you have a pre-existing condition, you cannot file a personal injury claim. However, in reality, if an accident exacerbates or aggravates your pre-existing condition, you may still be entitled to compensation. The law recognizes that while your condition pre-dated the accident, the incident could have worsened your health status, thus making your condition more severe or painful.
Myth 2: Compensation for Aggravated Conditions is Impossible
Another common misconception is that it’s impossible to get compensation for the worsening of a pre-existing condition. However, courts and insurance companies can factor in the aggravation of pre-existing conditions when determining compensation. It is essential to establish a clear link between the accident and the exacerbation of the condition.
Factoring Pre-existing Conditions into a Claim
Documentation and medical evidence are critical to successfully including pre-existing conditions in a personal injury claim. It’s crucial to have medical records that show your condition before and after the accident. This documentation can validate that the incident had a direct impact on worsening your condition.
Essentially, pre-existing conditions do not disqualify those from seeking and receiving compensation in personal injury cases. Individuals can approach their claims more confidently by debunking these myths and understanding that pre-existing conditions are considered within the legal framework.
How to Maximize Your Compensation When You Have a Pre-Existing Condition
- Be Honest: Despite seeming counterintuitive, disclosing all prior medical conditions honestly is essential to securing maximum compensation.
- Preserve Evidence: The more evidence you have regarding the circumstances that caused your current injury, the better you will fare in court.
- Record Your Condition: Keeping a daily journal of the pain and suffering you are experiencing due to the accident will help demonstrate how the injury has changed your life.
- Communicate With Your Doctor: By seeking medical care following the incident, you create a paper trail that supports the claim that you experienced a new injury from the incident.
Why Choose Abraham Watkins?
At Abraham Watkins, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency basis, meaning you pay nothing upfront. Our fees are only a percentage of your final settlement, and if we don’t win your case, you owe us nothing.
Our firm has over 75 years of experience fighting for clients’ rights. We understand the challenges of cases involving pre-existing conditions and are committed to helping you achieve the best possible outcome.
Call Us Today
Pre-existing conditions shouldn’t prevent you from seeking the compensation you deserve. Whether your injuries resulted from a car accident, workplace incident, or another type of accident, Abraham Watkins is here to support you.
Contact us today at 713-222-7211 for a free, no-obligation consultation. We’ll discuss the details of your case and guide you through the legal process in a confidential and supportive environment. Don’t wait—call now to protect your rights and secure the compensation you deserve.
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