In Texas, the law recognizes that many car crash victims are not entirely free from injuries or medical problems at the time of their accidents. There are laws in place that protect these individuals, which require insurance companies to accept claimants as they are, even if this includes those with pre-existing injuries. Learn how a pre-existing problem could impact your car accident claim in Laredo to prepare for the process ahead.
What Are Pre-Existing Injuries?
Pre-existing injuries describe any injury or medical condition an individual has at the time that a car accident occurs. They can make the person more prone to serious harm, or else the crash may exacerbate pre-existing injuries (make them worse).
Common examples of pre-existing injuries include:
- Previously healed broken bones
- Back or spinal cord injuries
- Herniated disks or degenerative disk disease
- Soft-tissue damage and joint injuries
- Arthritis
- Existing concussions or brain injuries
- Cancers and other serious illnesses
- Diabetes
- Post-traumatic stress disorder
Any type of car accident can aggravate many types of pre-existing medical conditions. A rear-end collision, for instance, is likely to worsen an existing neck or back condition, causing additional pain, symptoms or disability for the victim.
What Is the Eggshell Skull Rule?
Even if you are not in perfect health prior to a car accident, you can still file a claim and recover financial compensation from the at-fault driver’s insurance company. A legal doctrine known as the Eggshell Skull Rule protects your ability to collect financial compensation even with a pre-existing condition.
This law requires defendants to take claimants as-is at the time of a car accident, even if this is with a condition that makes the individual more prone to serious injury than the average person. The example given to law students is an individual with a skull as thin as an eggshell, which would make the person more susceptible to a severe brain injury than the average crash victim.
Despite a victim’s pre-existing condition, the defendant in a car accident claim will still be held liable for the full extent of the harm caused by the collision. However, the victim must prove that the car accident exacerbated his or her pre-existing injury or caused a new injury to qualify for a settlement or judgment award.
How to Handle a Car Accident Claim in Texas With Pre-Existing Injuries
If you get involved in an auto accident in Texas as someone with a pre-existing injury or medical condition, it is important to understand your rights as you head into the insurance claims process. You still have the right to hold someone accountable for causing your crash and exacerbating your existing condition.
Start by disclosing your pre-existing injury to the car insurance provider. If you hide your condition, this could disqualify you from compensation. Be wary of tactics the insurer will most likely use to try to avoid paying you, such as claiming that your symptoms existed before the accident, the crash caused no new injuries or that you are exaggerating your pain.
Collect evidence to support your case. This includes medical records from before and after the accident, medical and crash expert testimony, and personal notes describing how you are feeling and how your condition changed after the car accident. Bring your evidence to a free consultation with a local motorcycle accident attorney in Laredo for advice on how to proceed with the claims process. A lawyer will help you negotiate for fair compensation.