Will Pre-existing Conditions Affect Your Personal Injury Claim?
Personal injury claims are made when another person’s negligent behavior injures someone. As you can imagine, pre-existing conditions or injuries can complicate an already complex matter. But that doesn’t mean you can’t build a solid personal injury case with the help of a skilled attorney. In some cases, your pre-existing condition could even make your case stronger.
What is a Pre-existing Condition?
A pre-existing condition or injury is simply one you had before your accident. Consider how the following scenarios differ:
- Someone with no pre-existing conditions is in a workplace accident that causes a back injury with significant downtime, pain, and suffering.
- Someone with a pre-existing back condition is in a car accident that worsens their back condition and pain.
The second scenario is more complicated–especially regarding the “pain and suffering” aspect of the injury. It can be difficult to collect damages because the insurance company will likely argue the individual’s pain is due to their pre-existing back injury.
Types of Pre-existing Conditions and Injuries
You can have just about any pre-existing condition or injury. But there are some common pre-existing injuries and illnesses that we frequently see in personal injury suits.
Some common pre-existing injuries include:
- Chronic neck or back issues
- Previously broken bones
- Strains and sprains
- A history of concussions
- Traumatic brain injury
In addition to making specific injuries worse, an accident can complicate and worsen a pre-existing medical condition. An accident could affect conditions such as arthritis, diabetes, osteoporosis, and more.
Causation, Liability, and Pre-existing Injuries
A personal injury attorney will work diligently to prove your accident caused a specific injury. Even if you have pre-existing conditions or injuries, that doesn’t mean you can’t collect compelling evidence to support your case. Often, detailed medical records prove critical in showing how your condition or injury has changed since the incident.
Cases involving pre-existing conditions are especially tricky. You can count on insurance adjusters and defendants arguing that your injuries are exaggerated, fabricated, or that they already existed. But a skilled attorney can gather proof that your pre-existing condition or injury has changed after your accident.
Pre-existing Injuries and Damages
Damages refer to the compensation you receive after a successful personal injury lawsuit. The damages you could collect if you have a pre-existing condition are the same as any other personal injury case.
You could get compensation for the following:
- Medical bills
- Chiropractor visits
- Lost wages
- Medical equipment
- Prescription medication
- Pain and suffering
Calculating pain and suffering can be one of the most challenging aspects of a case involving pre-existing conditions. Putting a dollar amount on pain and suffering is already tough, but much more so when dealing with a condition “made worse” by a recent accident. Nevertheless, a knowledgeable personal injury attorney can help you negotiate a fair settlement.
How Pre-existing Conditions Can Affect Your Personal Injury Claim
Your personal injury claim cannot include any damages for conditions or injuries you had before your accident. What your personal injury attorney must do is prove that the defendant’s negligent actions caused new injuries or made your pre-existing condition worse.
While determining liability and calculating damages can be more difficult when pre-existing conditions are involved, they aren’t always bad for your case. For example, someone with a pre-existing condition might get regular updates from their doctor, including x-rays and other medical records documenting their condition. This can make it easier to show how their condition changed immediately after their accident.
A Personal Injury Attorney Can Help
If another person’s negligence caused your injuries or worsened your condition, Thompson Law can help. As your advocate, your personal injury lawyer will ensure you get fair compensation for medical bills, pain and suffering, and lost wages. Call us today for a free consultation to discuss your legal rights and options.
To help determine fault, your personal injury attorney will gather information, review evidence, and use their legal expertise to help determine what kind of compensation might be fair in your personal injury case. Don’t depend on insurance adjusters to advocate for you; call the trusted team at Thompson Law so you can focus on getting the treatment and care you and your family need.
Personal Injury Lawyer FAQ (Frequently Asked Questions)
How soon do I need to get a lawyer after a crash?
Calling 911 and getting prompt medical care for your injuries is the first order of business after a car crash. Once you are safe and secure, you should contact an auto accident lawyer right away. Time is of the essence in terms of collecting evidence, speaking to witnesses, and speaking to the insurance claims adjuster assigned to your case.
Do I really need a lawyer for a personal injury lawsuit?
Yes. Especially if you have pre-existing conditions, a personal injury lawyer is essential. An attorney specializing in these matters will help you gather compelling evidence and clear documentation to prove you deserve compensation after your accident.
What are some common causes of car accidents in Texas?
Common causes of car accidents in Texas include drunk driving, texting or talking while driving, speeding, tailgating, and aggressive driving or road rage. While drivers are often tempted to multitask, even a few seconds of distraction can cause a severe or even fatal crash.
How can a personal injury attorney help?
A personal injury attorney can handle the complex process of a personal injury lawsuit while you focus on relief and recovery. Your lawyer will investigate your accident, talk to the insurance company, negotiate a fair settlement, and estimate your damages. Sometimes, your lawyer will take your case to court and represent you there.
Who determines fault in a Texas accident?
Deciding fault might look different in each case. Liability depends on the unique details of your accident and whether you choose to pursue a personal injury lawsuit. Law enforcement and insurance adjusters make specific judgment calls regarding fault, but if you sue for personal injury, the courts will ultimately decide.