Pre-Existing Conditions: How Do They Affect My Personal Injury Claim in Texas?~2 min read
If you were injured in any kind of an accident caused by another’s negligence, and you have a pre-existing medical condition, this does not mean you cannot collect for the damages you suffered in the recent accident. At Springer & Lyle, we will fight for you, even if you have a pre-existing condition, to receive all the compensation to which you are legally entitled.
What is a Pre-Existing Condition?
A pre-existing condition is any other medical problem you had prior to the accident. For it to be an issue, the pre-existing condition must be somehow related to your current injury. For example, if you break your wrist in a fall off a ladder and are suffering pain in that wrist from carpal tunnel syndrome, carpal tunnel syndrome is a pre-existing condition.
How Your Pre-Existing Condition Affects Your Personal Injury Case
Insurance adjusters have jobs to do too. Unfortunately, their goals are often adverse to yours. While you want to be fully compensated for your damages, insurance companies do not want to overpay on claims and will use any information they have to claim that damages should be reduced. If they can argue that a pre-existing condition should limit your recovery, they will.
You can still collect for damages when a new accident aggravated your pre-existing medical condition. Just because you had a condition that made you more vulnerable to suffering in an accident, the at fault defendant is not excused from the damages caused by the negligence.
Although the defendant will not be expected to pay for the treatment you would have needed if the accident had not occurred, defendants will be expected to pay for the treatment you need after the accident due to the setback it caused you and new medical treatment you required.
The burden is on the defendant to prove your damages were due to a pre-existing condition. You, your medical records, and healthcare providers, are key to making sure your injuries are adequately documented. This will help show the link between your current damages and the recent accident that is the basis for your personal injury claim.
Contact us at Springer & Lyle for a Free Consultation
The personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and any physical impairment you may have experienced. Contact us at 940-387-0404 for a free consultation.
