Not if you don’t let them. Under Texas law, the fact that you suffer from pre-existing medical conditions doesn’t bar you from recovering compensation if those injuries are aggravated because someone else is negligent.
Your claim’s value can’t be reduced because of any pre-existing conditions, either. The insurance adjuster, however, will try to use your medical history against you when you file a claim.
An experienced Round Rock personal injury attorney can protect you from these tactics and help you recover the full compensation to which you’re entitled under Texas state law.
The Eggshell Plaintiff Rule
The defendant in a Texas personal injury case doesn’t get to pick and choose which injuries they want to be held accountable for after an accident. They were negligent, and under the state’s Eggshell Plaintiff Rule, they have to take the plaintiff as they are. They have to step up and take responsibility for any injuries they caused, including conditions that have worsened because of their mistakes.
In situations where a pre-existing condition is aggravated, a skilled personal injury lawyer can hold the defendant accountable for changes in the plaintiff’s medical needs, added pain and suffering, and/or longer recovery periods and greater losses of income.
For example, say that you recently suffered a back injury that prevented you from working. It was about 60 percent healed, and you were set to go back to work in a week or two on light duty. Then, you were involved in a car accident, and you suffered a serious setback with your back injury.
Because it was already injured, you suffered a much more serious injury than someone without a pre-existing back injury might have suffered. Now, you’re faced with added medical costs and more time away from work. The driver who caused your accident is responsible for those damages, even though a “healthy” person might have walked away with a mild injury or a few bumps and bruises. What matters is what happens to you.
The Insurance Company Will Try to Use Your Pre-Existing Condition to Limit Your Recovery
The insurance company won’t hesitate to comb through your medical records and use them to convince you that you don’t deserve to be compensated for your aggravated injury. They’ll try to scare you into accepting a lowball offer or to give up on your right to pursue compensation altogether. If you’re prepared for these insurance tactics, they won’t be successful.
You have a lawful right to compensation for your injuries and suffering, regardless of your health at the time of your accident. Dow Law Firm can help you fight for the financial accountability you need and deserve.
Our personal injury attorneys in Round Rock will help you track your medical care, prove you’ve stayed true to your rehabilitation program, kept up with follow-up visits, and done everything you need to make a full recovery.
Contact Our Personal Injury Lawyers If Your Pre-Existing Condition Was Worsened After an Accident
Our personal injury attorneys will stand up to insurance companies and powerful corporations on behalf of the injured every day. We’ve won millions in case results for our clients, and we can help you achieve the compensation you need for aggravations to your pre-existing injuries, too.
Contact our personal injury lawyers in Round Rock, TX, at (512) 240-9951 for a free consultation to discuss your case today.