Pre-existing injuries in your medical history can make it more difficult to get the settlement you deserve as a car accident victim in Texas. Despite an obligation to take victims as they are at the time of an accident – including with any pre-existing conditions – insurers often use this against claimants to diminish settlement values. Learn how to navigate this complicated situation and protect your legal rights. Make sure to speak with an experienced car accident lawyer in San Antonio for legal guidance and support.
The Eggshell Skull Doctrine Protects Plaintiffs With Pre-Existing Injuries
A unique legal doctrine known as the “Eggshell Skull Rule” in personal injury law addresses a situation where an injured victim (who becomes known as the plaintiff) already had injuries or medical conditions that affected his or her health at the time of an accident.
Under this rule, a defendant (the liable party) is responsible for the full extent of damages suffered by the plaintiff in the car accident, even if these damages were more severe than what the average person would have sustained due to the plaintiff’s unique medical status.
Defendants in Texas must take car accident victims “as they find them” – with or without pre-existing injuries. This principle prevents insurance companies from rejecting claims submitted by car accident victims solely because of existing conditions such as back problems, joint pain, arthritis, diabetes and cancer.
When Might a Pre-Existing Injury Interfere With a Car Accident Settlement?
If you file a car accident claim as someone with pre-existing injuries or health problems in your medical history, there is a good chance a car insurance company will try to use this against you to reduce or block your payout. The insurer may try to argue that the injury involved in your claim was something you had prior to the crash and is unrelated to the car accident and its policyholder’s actions.
In this scenario, you or your injury lawyer in San Antonio will have to prove that while you had a pre-existing injury, the car accident exacerbated it or made your condition worse. This is a tricky situation that requires supporting medical evidence. You will need to keep up with your doctor’s appointments after the crash to establish a connection between the car crash and the extent of your current injuries.
Tips for Dealing With Pre-Existing Injuries During a Texas Car Accident Case
If you are someone with pre-existing injuries or medical diagnoses – including both physical and mental health conditions – it is important to know how to protect your rights during the car accident claims process.
You should expect an insurance company to try to use your pre-existing injuries against you. Counteract their tactics with the following tips:
- Be honest. Full disclosure about your medical history is essential during the insurance process. If the insurance company discovers later that you concealed a pre-existing injury, this misrepresentation of facts can provide grounds to reject your claim.
- Be detailed. You need ample medical records to prove your claim. Go to a hospital or doctor immediately after the car accident. Keep copies of your medical records, imaging scans, x-rays, doctor’s notes and treatment plans to support your claim.
- Be prepared. You don’t have to handle your car accident claim alone – and shouldn’t risk it if you have complications involving pre-existing injuries. Instead, contact an attorney to help you argue your side of the case.
An experienced car accident attorney can help you combat insurance company accusations and challenges created by pre-existing medical conditions. With expert opinions, outstanding legal resources and aggressive legal strategies, your attorney can demonstrate how the car accident has impacted your life, with or without pre-existing injuries.