How Does a Car Accident Affect a Pre-Existing Condition?

If you are the victim of a car accident in Texas, you probably want to file a personal injury claim. Personal injury claims can become much more difficult if you have a pre-existing condition that the car accident made worse. Even though you may still be entitled to receive compensation, there will be more challenges you have to face to get the compensation you deserve.

At DeHoyos Accident Attorneys, our personal injury attorneys have handled hundreds of car accident cases in the Houston, TX, area. Our team of experienced attorneys is dedicated to upholding the rights of our clients and getting them the best possible outcome.

Keep reading to find out how you can build a personal injury case after a car accident if you have a pre-existing condition and how a lawyer can help.

When Can a Car Accident Impact a Pre-Existing Condition?

Injuries are very common when a driver has been in a car accident, whether it is severe or mild. However, not all injuries are entirely new or caused directly by the vehicle collision. In some situations, you may have a pre-existing condition that has been made worse due to the accident.

These types of injuries are called pre-existing conditions since they are exacerbated by the car accident. Examples of this include if you already had a back injury and the car accident made it worse, resulting in more pain and limited mobility. Another example is if you had arthritis, which is now much more severe due to the side effects of getting into a car accident, such as whiplash.

Although it is very common for people to have pre-existing conditions that are made worse after a car accident, this can make your case much more complex. That is because you will have to prove that the car accident had a direct impact on your pre-existing condition. 

How Insurance Companies Evaluate Cases With Pre-Existing Conditions

Insurance companies are always looking for ways to deny compensation claims, and pre-existing conditions can make this much more accessible. They may try to argue that your pre-existing condition is not their responsibility, even if it was made worse after the accident. This is just one reason why it is crucial that you hire an experienced Houston personal injury lawyer to represent your case and negotiate on your behalf.

Insurance companies will consider evidence such as medical records that establish a baseline for your pre-existing condition. This includes things like statements from doctors and medical treatments. Expert statements are critical in these kinds of cases as they can establish the severity of your condition and the likelihood of facing long-term repercussions due to the accident.

The insurance companies will also examine the details of the car accident to determine how severe it was. This is where evidence like photographs, video footage, and witness statements come in handy.

Understanding the Eggshell Plaintiff Rule

In Texas, there is something called an eggshell plaintiff rule that helps to protect victims of car accidents. This rule states that the at-fault party is still responsible for compensating you even if the car accident only aggravated a pre-existing condition.

The eggshell plaintiff rule is designed to protect victims of car accidents even if they are more susceptible to injury than the average person. This makes you more likely to get compensation since your injuries do not have to be specifically caused by the car accident.

How to Support Your Personal Injury Case With a Pre-Existing Condition

Building a personal injury case already comes with specific challenges regarding proving who is at fault and why you deserve compensation. This becomes much more difficult when you have to prove that a condition you already had has now been exacerbated. Because of this, there are specific steps you should take directly after the accident to support your case.

• Get to safety: Directly after the collision, your first priority needs to be getting to a safe location that is out of the road. If you suspect that you have a concussion or spinal injury, do not move until medical professionals arrive.
• Report the accident: You should always report a vehicle collision so that law enforcement can create an accident report of their own. Calling 911 to report the accident is also a good time to request an ambulance to get medical assistance.
• Document evidence: Although it isn’t strictly necessary, it is incredibly beneficial if you can document evidence at the scene of the collision. For instance, take photos of physical injuries, property damage, and the scene of the crash. You can also look around to see if there are any cameras that could have filmed the collision. It is a good idea to get contact information for any bystanders and witnesses who can provide a witness testament later on.
• Get checked out: Even if you do not appear to be injured after an accident, you should always get checked out by medical professionals. Not only is this important for your health, it provides medical documentation that can support your case. Remember, many car accident injuries may not be noticeable for several hours or even days, such as concussions and internal bleeding.
• Hire an attorney: After the accident, you need to hire an experienced Houston personal injury lawyer who can help you build a strong case. They can help you gather necessary evidence, such as medical documentation, expert opinions, and proof of fault. 

Hire a Personal Injury Lawyer in Houston at DeHoyos Accident Attorneys

At DeHoyos Accident Attorneys, our personal injury lawyers in Houston understand Texas laws and know how to build successful cases. We are dedicated to helping our clients and seeking to provide them with the best legal representation if they are victims of a vehicle accident. Our auto accident lawyers can help you build a solid personal injury case as well as negotiate a settlement.

Are you the victim of a car accident and want to file a personal injury claim for a pre-existing condition? Contact our Houston office today at 832-745-4878 to speak with one of our attorneys.