After an accident, remember that insurance companies will look for any excuse they can to deny paying you compensation. In some instances, they may attempt to claim that your injuries were the result of another previous incident.
Because of this, it is extremely important to seek medical attention immediately after an accident and obtain the help of a Texas personal injury attorney who can ensure you still receive proper compensation if your preexisting injury was made worse.
Aggravation of a Pre-Existing Condition
A pre-existing medical condition is defined as a condition, either physical or psychological, that has not healed and still causes pain and suffering. Sometimes, it can be difficult to gauge just how a pre-existing condition has been aggravated by an accident. Your attorney will gather prior and post-accident medical records, employment records, and injury witnesses in order to show how much your pre-existing condition was impacted by the accident.
Always be honest about a pre-existing condition with your personal injury attorney. Remember that your attorney is on your side; a full and honest disclosure will allow them to effectively show that your pre-existing condition was aggravated by the accident.
The “Eggshell Doctrine” in Texas
In Texas, those with pre-existing conditions are protected in personal injury cases by the “Eggshell Doctrine.” This means that a personal injury victim with a pre-existing condition may pursue and receive compensation after an accident if:
The pre-existing condition had stabilized.
Before the accident, nothing indicated that the pre-existing condition would decline or become exacerbated
Why is this important? Well, the reality is that a healthy, uninjured individual is less likely to be injured in an accident than someone with a pre-existing condition. The Eggshell Doctrine essentially ensures that the insurance company does not reduce or deny these individuals proper compensation.
Contact Stern Law Group
Obtaining the help of an experienced personal injury attorney could mean the difference between losing your case and receiving the compensation you need to heal. Our personal injury attorneys at Stern Law Group will gather the evidence of your case and work to ensure the insurance company pays you the fair and full amount of compensation you are entitled to receive.
Contact Stern Law Group at (877) 661-9900 for help pursuing your Texas personal injury claim.