• By: Hank Stout
  • Published: February 2022

Dealing with the aftermath of a car accident can be incredibly challenging if you suffer from a pre-existing medical condition. However, just like any car accident victim, you have the right to seek compensation for damages incurred due to the accident. These damages can help compensate you for any medical expenses or emotional distress you have suffered.

Some insurance companies may try to deny or devalue your personal injury claim based on your pre-existing condition. A highly-qualified car accident attorney can help you stand up to insurance companies to make sure you receive a fair settlement that takes your unique needs into account.

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What Is Considered a Pre-existing Condition?

A pre-existing condition is any medical issue you had before the car accident. While some conditions such as cancer or diabetes may not be affected by an accident, other conditions could potentially worsen. Some pre-existing conditions that could worsen due to a car accident include:

  • Back injuries such as herniated discs, muscle strain, or arthritis
  • Broken bones
  • Traumatic Brain Injuries (TBIs)
  • Hernias
  • Deep Vein Thrombosis

These are only a few examples of pre-existing conditions that could worsen after a car accident. It is also essential to note that not all pre-existing conditions are physical in nature. Some mental health conditions such as depression, PTSD, and anxiety can also worsen due to a car accident.

How Texas Protects Car Accident Victims with Pre-existing Conditions

Texas has protections in place to ensure that people with pre-existing conditions can pursue a personal injury claim. Thanks to Texas’ Eggshell Skull Doctrine, a pre-existing condition cannot be used against you when filing a lawsuit. This rule states that the negligent party is responsible for the full extent of the injuries caused by the accident. It does not matter how fragile the victim was at the time of the accident or if their injuries would have been milder if they did not have a pre-existing condition. The negligent party or their insurance company is required to pay.

In order to take advantage of the protections under the Eggshell Skull Doctrine, your pre-existing condition must have been stable at the time of the accident and only worsened as a result of the accident. You will also be asked to provide evidence that the car accident was why your condition worsened.

Damages You May Be Eligible to Collect If Your Pre-existing Condition Worsens after a Car Accident

As long as you made an effort to mitigate your injuries by seeking medical attention following the accident, you could be eligible for financial compensation. Some damages you may be eligible to recover include:

  • Current and future medical expenses
  • Pain and suffering
  • Emotional distress
  • Medical equipment or home care
  • Lost wages or earning potential
  • Disability or disfigurement

These are only a few examples of the damages you may be eligible to collect. Your attorney will work with you to determine the damages you’re entitled to and ensure that you are compensated fairly.

Contact an Experienced and Trusted Car Accident Attorney in Houston, Texas

After being involved in a car accident, it is critical to seek medical attention as soon as possible so that an insurance company cannot devalue or deny your claim. You will also need to partner with a skilled car accident lawyer. The skilled attorneys at Sutliff & Stout are experts in Texas law and will always have your best interests at heart. We are committed to advocating for you to ensure you get the compensation you need. To schedule a free case evaluation, call our office at (713) 987-7111 or fill out our contact form today.

About the Author

Hank Stout co-founded Sutliff & Stout, Injury & Accident Law Firm, to protect and pursue the rights of people who were harmed by the carelessness of others. Mr. Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel. To learn more, read Hank's full bio here.

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