Having a pre-existing medical condition doesn’t automatically disqualify you from pursuing a personal injury claim, but it can complicate the legal process. Insurance companies often use pre-existing conditions as a way to minimize or deny compensation, arguing these conditions contributed to your current injuries or symptoms. Understanding how pre-existing conditions interact with personal injury law helps you protect your rights and pursue fair compensation.
At Byrd Davis Alden & Henrichson, we have successfully represented clients with pre-existing conditions for over 65 years. Our experienced attorneys understand the complexities these cases present and work diligently to demonstrate how your accident worsened your condition or caused new injuries entirely.
The “Eggshell Skull” Rule
Texas follows the “eggshell skull” rule, which states that negligent parties must take their victims as they find them. This legal principle means that if you have a pre-existing condition that makes you more susceptible to injury, the at-fault party remains fully responsible for all damages caused by their negligence. For example, if you have a pre-existing back condition and suffer a herniated disc in a car accident, the negligent driver cannot reduce their liability simply because your spine was already vulnerable.
The eggshell skull rule applies even when your pre-existing condition is unknown to the at-fault party. Insurance companies cannot argue they should pay less compensation because you were more fragile than the average person. This protection ensures that individuals with pre-existing conditions receive the same legal protections as anyone else injured in an accident.
How Insurance Companies Handle Pre-Existing Conditions
Insurance adjusters frequently attempt to blame pre-existing conditions for accident-related injuries to reduce settlement amounts. They may request extensive medical records dating back years before your accident, searching for any evidence of prior symptoms or treatments. These tactics aim to create doubt about whether your current pain and limitations stem from the recent accident or pre-existing issues.
Common Insurance Company Strategies
Insurance companies often employ several tactics when pre-existing conditions are present. They may argue your current symptoms were inevitable due to your pre-existing condition, regardless of the accident. They might claim the accident didn’t cause new injuries but simply revealed existing problems you would have discovered eventually. Additionally, they may attempt to apportion damages, arguing they should only pay for the percentage of your condition caused by the accident rather than your pre-existing issues.
Adjusters may also request independent medical examinations with doctors who frequently work for insurance companies, hoping these physicians will downplay the accident’s role in your current condition. Understanding these strategies helps you prepare for the challenges ahead in your case.
Proving Your Case with Pre-Existing Conditions
Successfully pursuing a personal injury claim with pre-existing conditions requires thorough documentation and medical evidence. Your medical records must clearly distinguish between your pre-accident condition and any worsening or new injuries caused by the incident. This often involves comparing your symptoms, limitations, and treatment needs before and after the accident.
Expert medical testimony becomes crucial in these cases. Physicians can explain how the accident aggravated your pre-existing condition or caused entirely new injuries. They can also testify about the difference between your pre-accident baseline and your current condition, helping establish the accident’s impact on your health and quality of life.
Contact Our Experienced Austin Personal Injury Attorneys
Pre-existing conditions add complexity to personal injury claims, but they don’t prevent you from recovering compensation for accident-related injuries. The key lies in working with attorneys who understand how to navigate these challenges and build compelling cases that demonstrate the true impact of your accident. Our team at Byrd Davis Alden & Henrichson has the experience and resources necessary to handle complex cases involving pre-existing conditions.
Since 1959, we have recovered over $100 million for our clients while maintaining a 98% success rate. Our Board Certified Personal Injury attorneys understand the nuances of Texas law and how to counter insurance company tactics designed to minimize your compensation. We work on a contingency fee basis, meaning you pay no fees unless we win your case. To discuss your personal injury claim and how we can help protect your rights, call us at (512) 454-3751 or submit our contact form.
