Pre-Existing Injury in An Accident

How Do Pre-Existing Injuries Affect a Texas Personal Injury Claim?

Aug 3, 2021 | Personal Injury

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No one wants to get into an accident, but if you find yourself needing to file a personal injury claim, you need to act fast. However, having a pre-existing condition may affect how you file your claim. There are things you need to know and do regarding the filing of a personal injury claim with a pre-existing condition. If you are suffering from an injury after an accident and have a pre-existing condition, we’re here to help you. Here’s what you need to know about filing your claim.

What is a Pre-Existing Condition?

pre-existing condition is any illness or disability that you have had before you suffered the injury for which you are filing a personal injury claim. Physical disabilities, chronic illnesses, mental health issues, nervous disorders, and other ailments all fall under this category. If you had had received treatment for the condition prior to the accident, it is considered a pre-existing condition. It goes without question that an accident can worsen an existing injury. Accidents such as a car crash and slip and fall are known to exacerbate injuries. This is often the case for spinal problems, PTSD, and high blood pressure, and other conditions.

How Do Pre-Existing Conditions Effect My Personal Injury Claim?

You will still be taken care of while filing a personal injury claim. However, your existing injury will affect your claim. Additionally, if your injury had increased due to the accident, you may receive more in your personal injury claim settlement. For example, let’s say that you suffer from a spinal defect and that a car crash you were in caused your spinal condition to worsen. Due to these worsened injuries, you may receive more compensation than someone without such an existing condition. However, you may need to proof. You will need to show some form of treatment for your condition. That you weren’t at risk of exacerbating the injury prior to the accident. If you can show such then you may be able to claim a settlement for the aggravated injuries under the “eggshell doctrine”.

What is the “Eggshell Doctrine”?

Having a pre-existing condition does put you at a higher risk than the average person without the condition. During an accident, an insurance provider may attempt to use your pre-existing condition as an excuse not to compensate you. After all, you were already injured, so how do they know the injury is worse? Thanks to the eggshell doctrine, insurance companies cannot use your pre-existing condition against you. In other words, You need to prove the injury had been worsened due to the accident. If you can do so, then the insurance company will compensate you for the injury. To help your personal injury attorney with your claim, it’s important that you provide as much of your medical history information as possible and get an examination immediately following the accident. This will make gathering proof much easier. Make sure you inform your doctor and your lawyer about your pre-existing conditions. Should an insurance company try to deny you compensation due to your pre-existing conditions, your attorney can present evidence from your healthcare provider. Your physician can also provide their own testimony to help prove your case.

 Fully Disclose Matters

Before you start filing your claim, it’s crucial that you are upfront with your doctor and your lawyer. If you attempt to hide your pre-existing condition, there may be adverse consequences. You may worry that disclosing your health information will harm your ability to get compensation. However, this is simply not the case. In order to help you, your attorney needs to know exactly what pre-existing conditions you have. If the injury or medical condition was worsened, they can get you compensation for the extra trauma. Failing to disclose any conditions could lead to a lower compensation than you could have attained. In fact, insurance companies may refuse to compensate you at all. Hiding crucial information like this puts you at risk when filing your claim. Make sure that you inform your physician and insurance attorney of all prior injuries, whether they seem relevant or not. It gives your lawyer the best chance of getting you the compensation you deserve.

Tips When Handling Your Claim

Failure to fully disclose all prior injuries or medical issues may give the insurance company the ability to argue in court. Then you could fail to see any recovery for any worsened condition. They may state that you do not deserve compensation. This will be due to the a pre-existing condition. That is why it is important to keep detailed records of your medical history. As well as, to provide them to your attorney. That way, your attorney can present evidence to support your case. If you are asked by any insurance company to provide access to your medical history, do not. Do not sign any documents without consulting your attorney. Insurance companies may try to access medical history that is not relevant to your case to avoid compensating you. It is also important to remember that you should make sure that you hire an experienced Texas personal injury attorney before filing a personal injury claim! They have the knowledge and skills needed to get you fully compensated for your injuries.

Settle Your Personal Injury Claim with Pre-Existing Conditions

Your pre-existing conditions shouldn’t prevent you from getting compensated after an accident. With the right attorney and a doctor’s testimony, you can receive compensation for your personal injury claim quickly and easily. Remember to always be open with your lawyer and healthcare provider about any pre-existing conditions you have before filing a claim! Do you need help filing a personal injury claim and aren’t sure where to go? We’re here to help. Contact us with any questions or concerns you have about our personal injury attorneys and continue reading our blog for more helpful information today!


For more information, contact Houston’s accident law firm of Walker Texas Lawyer by calling (713) 552-1117.

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Houston, TX 77027

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James Walker - Walker Texas Lawyer James Walker is a Personal Injury Attorney in Houston, Texas. He has over 40 years of legal experience and has helped over 25,000 clients. This means he has demonstrated his extensive knowledge of legal procedures. He knows how to handle insurance companies. If insurance companies refuse to give you a fair shake, they will take the insurance companies to court. He knows the law inside and out. He knows what he’s doing.

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