If you get injured in an accident in Texas as someone with a pre-existing medical condition, health problem or injury, anticipate a more complicated insurance claims process. Insurance companies are notorious for trying to use pre-existing conditions against claimants. Navigate this issue during your case with guidance from an experienced personal injury attorney in Laredo to ensure the protection of your rights.
What Qualifies as a Pre-Existing Condition?
A pre-existing condition can refer to any type of physical or mental health condition that a personal injury claimant had prior to the incident involved in the claim. Examples include old injuries, healed broken bones, neck or back injuries, arthritis, diabetes, disabilities, cancer, and psychological conditions.
Pre-existing conditions may be separate from the new injuries suffered in the inciting incident or related in the sense that they caused the claimant to suffer more severe injuries than the average person. In addition, they may have been exacerbated (aggravated or made worse) by the accident. Either way, the victim can still be eligible for financial compensation.
Will a Pre-Existing Condition Preclude Me From Compensation During a Personal Injury Claim in Texas?
In general, a pre-existing condition will not prevent or bar you from recovering financial compensation from an at-fault party during a Texas personal injury claim. State law protects accident victims with pre-existing injuries and medical conditions. The legal doctrine used is known as the “eggshell skull rule.”
The eggshell skull rule states that a defendant (at-fault party) will be held liable for the full extent of the plaintiff’s (injured party’s) injuries and losses, even if these were exacerbated by a pre-existing condition. This rule holds defendants responsible for all harm resulting from their negligence or wrongful acts, even if the victim had an uncommon or unusual response to the accident.
The name of this legal principle comes from an example often used to explain the doctrine, where a claimant has a unique medical condition in which his skull is as thin as an eggshell. In an accident, this victim suffers a serious brain injury because of his pre-existing condition, even though the average person would not have been seriously injured under the same circumstances. In this example, the defendant would still be liable for the full extent of the victim’s injuries.
How to Handle a Claim Involving a Pre-Existing Condition
The law in Texas may protect you as a victim with a pre-existing condition, but that doesn’t mean an insurance company will respect this rule or offer a fair settlement right away. Pre-existing conditions are often used as a reason to diminish a client’s payout or even deny the claim.
Use the following tips if your claim involves a pre-existing injury:
- Be honest about your pre-existing condition and do not try to hide it. Provide the insurance company with evidence showing that the accident caused or exacerbated your injuries.
- If you are sent any type of Medical Authorization Release Forms from an insurance provider, don’t sign them. Instead, send in only the medical records that are relevant to your case.
- Don’t accept the first settlement offer, as it is likely less than you deserve. You have the right to negotiate the value of the settlement before agreeing.
Do not let an insurance company blame you for your injuries or avoid paying a fair amount just because you have a pre-existing condition. Contact an experienced Laredo accident lawyer for assistance negotiating with an insurance company and fighting for full financial compensation.