Our Dallas-Fort Worth Personal Injury Attorney Explains How Preexisting Conditions Affect Your Claim
Many insurance companies try to dismiss personal injury claims from people who have a preexisting condition. This is not legally or morally acceptable. All personal injury victims deserve to be fully compensated for their medical expenses, lost wages, and pain and suffering.
At Armstrong Law, we are committed to helping you get the highest value possible for your claim. If you have a preexisting condition and have recently been hurt in an accident caused by another party’s negligence, we encourage you to schedule a consultation at our Dallas-Fort Worth office to discuss how to best protect your rights.
Understanding Preexisting Conditions
When you’re signing up for health insurance, a preexisting condition is any medical condition that you have been diagnosed with before enrolling in a specific insurance plan. For the purpose of a Texas personal injury claim, however, a preexisting condition is a condition that you have been diagnosed with before your personal injury occurs.
Understanding how preexisting conditions interact with new injuries is crucial when you’re filing your claim. Some factors that are considered include:
- Common preexisting conditions can increase the severity of injuries. Some of the most frequent types of preexisting conditions include chronic back pain, arthritis, or previous surgeries. For instance, a person with a history of back problems may experience more severe pain after a car accident.
- Aggravation of existing injuries is possible. An accident might worsen a preexisting condition. If you had a partially healed knee injury, for example, a slip and fall could exacerbate it.
- Unrelated preexisting conditions can complicate healing. Some conditions may not be directly affected by the accident but could complicate recovery. For example, diabetes might slow wound healing after an injury and lead to a need for additional medical care.
- Psychological preexisting conditions can increase pain and suffering. Mental health conditions like anxiety or PTSD can be aggravated by traumatic accidents.
- Age-related conditions can make recovery more challenging. Senior citizens may have preexisting conditions related to aging, such as osteoporosis, which could make injuries from an accident more difficult to recover from.
How Preexisting Conditions Can Affect a Texas Personal Injury Claim
Preexisting conditions can make personal injury claims more challenging to resolve. However, if you are able to prove that the incident caused your condition or worsened your preexisting condition, you are still eligible to be compensated and receive the full value of your claim.
There is a rule in personal injury law called the eggshell skull rule, the eggshell plaintiff rule, or the eggshell rule. This is a legal doctrine that essentially means a defendant is responsible for fully compensating the injured party, even if the person injured was in an increased vulnerable state.
The eggshell rule ensures that people with preexisting conditions are not discriminated against in personal injury cases. It holds the defendant accountable for the full extent of the harm they have caused. The key is establishing that the accident either caused new injuries or worsened existing conditions.
Insurance companies often try to attribute all of a victim's pain and suffering to preexisting conditions. The eggshell skull rule helps counter these arguments and ensures fair compensation, especially when medical experts are called upon to clarify the distinction between preexisting conditions and new or aggravated injuries.
What You Do to Protect Yourself
The process of securing compensation for your injuries begins at the scene of the accident and continues until you’ve accepted a settlement offer or your case goes to trial. Here’s what you can do to protect your legal rights throughout the process:
- Seek immediate medical attention. Inform your health care providers about your preexisting condition to ensure proper treatment.
- Document everything. Keep detailed records of all medical visits, treatments, and any changes or worsening of your preexisting condition.
- Follow your doctor's advice. Adhering to all treatment plans and follow-up appointments demonstrates that you're taking your health seriously.
- Avoid signing documents from insurance companies. Don't give recorded statements or sign anything without consulting a legal professional.
- Keep a symptom journal. Record how your injuries and preexisting conditions affect your daily life, noting any new limitations or increased pain levels.
- Gather pre-accident medical records. These will help establish your condition before the incident and provide a baseline for comparison.
- Avoid discussing your case on social media. Posts can be misinterpreted or used against you in legal proceedings.
- Continue your regular medical care for the preexisting condition. Don't neglect treatment for your preexisting condition, as this could be used to argue that you're not taking your health seriously.
How Armstong Law Can Help
If you have a preexisting condition that was exacerbated by a car accident or other personal injury, we encourage you to contact Armstrong Law as soon as possible. Here’s how Dallas-Fort Worth personal injury attorney Warren Armstrong and the rest of our legal team can help:
- Establish causation. We can help prove that the accident worsened your preexisting condition, distinguishing between your prior state and the new or aggravated symptoms.
- Gather medical evidence. We can work with medical experts to document how the accident impacted your condition, collecting necessary medical records and expert testimonies.
- Calculate damages. We can help determine the additional medical costs, lost wages, and pain and suffering directly related to the worsening of your condition due to the accident.
- Counter insurance company tactics and utilize the eggshell plaintiff rule. Insurance companies often try to attribute all your symptoms to the preexisting condition. We can fight against these claims and advocate for fair compensation.
- Negotiate settlement offers. We can negotiate with insurance companies or the responsible party's legal team to ensure you receive fair compensation that accounts for the aggravation of your preexisting condition.
- Represent you in court. If a fair settlement can't be reached, we can represent you in court, presenting your case effectively to a judge or jury.