Insurance companies involved in car accident claims often regard the victim as if he or she were in perfect health prior to the accident. In reality, this is frequently not the case. Crash victims often have pre-existing injuries and medical conditions. Unfortunately, car insurance companies can try to use this as a reason to reject or reduce payouts. Make sure to speak with a car accident attorney in San Antonio for legal guidance.
What Is a Pre-Existing Injury?
A pre-existing injury in a car accident case can refer to any injury or health condition that a claimant had at the time of the crash. It describes an old or current injury that is unrelated to the automobile accident. A pre-existing injury can play a role in a car accident claim if the crash exacerbated the already existing injury.
The Eggshell Skull Rule
Under a legal doctrine known as the eggshell skull rule, defendants and their insurance companies are responsible for the state of an accident victim after a crash, regardless of whether this is a worse condition than someone else would have been in due to the claimant’s pre-existing injuries.Â
The example given to explain this rule is if a driver had a unique medical condition where his skull was as thin as an eggshell, and suffered a catastrophic brain injury that a typical claimant would not have suffered, the defendant involved in the case would still be responsible for paying for the victim’s full injury and medical costs.
Defendants are required to take plaintiffs as-is, even if this is with pre-existing injuries that make them more susceptible to serious injuries. This includes back injuries, joint problems like arthritis, soft-tissue injuries, degenerative disk disease, old broken bones, diabetes and cancer.
Tips for a Car Accident Claim Involving a Pre-Existing Injury
If you have a pre-existing injury in your medical records at the time of a car accident in Texas, the insurance company that receives your claim may try to use this against you. The insurance company may argue that your injuries were pre-existing and not new or related to the car accident, or deny that the car accident made a pre-existing injury or condition worse.
Either way, it is important to protect your rights by knowing what to do:
- Get medical care right away. This can establish a connection between the injuries you are claiming and the automobile accident. Follow your doctor’s medical advice.
- Disclose pre-existing injuries. Be forthright about your injuries or medical condition with the insurance company.
- Gather evidence to support your claim, such as your medical records, photographs of your injuries and witness statements.
A pre-existing injury as a car accident victim does not automatically bar you from making a financial recovery. However, it can make it more difficult to navigate your claim and obtain fair financial compensation from an insurance company. Preparing for this possibility can help you make informed decisions about your case moving forward.
When to Contact a Personal Injury Lawyer
To protect your rights, you may need a San Antonio injury attorney to help you prove that the car accident aggravated an existing condition. An attorney is experienced in going up against insurance companies. Your lawyer can submit past and current medical records to support your claim, as well as work with doctors and medical experts to demonstrate your injuries.Â
With an attorney representing you, you can rest assured that you will not be taken advantage of by an insurance company or convinced to settle for less than you deserve. Your lawyer will present a clear and strong case in your favor. Contact us today for a free consultation.