Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Pre-Existing Conditions: How Do They Affect My Personal Injury Case

Pre-Existing Conditions: How Do They Affect My Personal Injury Case

May 30, 2019 By Staff - s.r. Leave a Comment

Pre-existing conditions

When you file a claim for compensation for injuries you suffered due to another’s negligence, one of the first things the insurance company for the defendant will do is ask for a copy of your medical records. The company will then comb through your records hoping to find you have a pre-existing condition they can blame for your injuries. Even if you do have a pre-existing condition, our attorneys at Springer & Lyle can still help you as long as you tell us about your prior medical history.

Pre-Existing Conditions: The Eggshell Plaintiff

It has long been the law that defendants take plaintiffs how they find them. In other words, “a defendant is liable for a plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional acts.” If plaintiffs are injured more severely than they would have been because of a pre-existing condition, that is just a result the defendant will be stuck with.

One vivid example is if a defendant punches a plaintiff in the stomach and the plaintiff falls to the ground and cannot get up. The plaintiff is now paralyzed for the rest of his/her life. Unbeknownst to the defendant, the plaintiff had a spinal condition that made him/her more vulnerable to attack. Despite the pre-existing spinal condition, the defendant can be be liable for all the injuries that resulted from the stomach punch, including the damages for the lifelong paralysis the plaintiff will suffer.

Of course, not all cases are as clear-cut as the one in the example given. The goal of all insurance companies is to pay as few claims as possible, so they will work diligently to show that your pre-existing condition was the sole reason you are suffering, and the defendant’s negligence had nothing to do with it.

One of our jobs at Springer & Lyle is to work with your treating physicians in order to get as much information as possible on your medical condition prior to the accident and how the accident has caused your condition to be aggravated. We will provide details of how your life was prior to the accident, and how the injury has impacted and changed your life because of it.

The personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled to for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940-387-0404 for a free consultation.

Filed Under: Featured Tagged With: pre-existing conditions, Springer & Lyle

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in