Most of us have had some type of medical issue. Whether it’s an injury you received on the playground in elementary school, a bad back from work, or a chronic health condition, you may have pre-existing conditions. While you might think this would exclude you from recovering compensation for similar injuries you sustain in a car accident, this might not be the case. The best way to determine how a pre-existing condition might impact your personal injury claim is to work with an experienced San Antonio car accident attorney.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any medical issue you had before the accident. These injuries could worsen because of the accident. Common pre-existing conditions that could be impacted by a car accident include:
- Previous back injuries, such as herniated discs or muscle strain
- Neck injuries
- Traumatic brain injuries
- Arthritis
- Hernias
- Bone fractures
- Psychological conditions, such as PTSD, anxiety, and depression
While a pre-existing condition should only be relevant if it is impacted in the car accident, insurance companies may try to use the existence of any pre-existing condition to deny a claim. An experienced San Antonio personal injury lawyer can fight back for the compensation you deserve.
New Injuries vs Aggravation of Existing Injuries
Under Texas personal injury law, accident victims have the right to collect compensation even if they have pre-existing injuries, if they experience new injuries, or aggravations of previous injuries. Texas observes the eggshell skull doctrine, which holds that defendants must take plaintiffs as they find them. Even if the victim has a characteristic that makes them more susceptible to injury, they are still responsible for the injuries they cause.
There are two ways this legal doctrine can come into play. The first is if you suffer a new injury. Suppose you slipped and fell in tenth grade. You broke your leg. The leg healed. However, you got in a car accident 20 years later. According to this doctrine, the insurance company can’t deny your claim just because you had a broken leg before. You have suffered a new injury, albeit to the same body part as a previous injury.
The second application is if you have a pre-existing injury that is exacerbated or aggravated by the new injury. Suppose you had a back strain from working a laborious job. However, being injured in a car accident has aggravated the injury. While you used to have a pain level of 5/10, now it is 8/10. You can seek compensation for the aggravation of your injury, but you will need to be able to provide evidence that the car accident is the cause of your condition worsening.
Financial Compensation You Could Collect
You may be able to recover financial compensation related to your:
- Current and future medical expenses
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
An experienced San Antonio truck accident lawyer can work with your medical providers to obtain the information we need to fight for fair compensation.
Call George Salinas Injury Lawyers for a Free Consultation
Seeking medical attention immediately after a car accident is the first step in protecting your rights against insurance companies that want to deny or devalue your car accident claim based on a pre-existing condition. The second is to call George Salinas Injury Lawyers for a free, no-obligation case review.