Can I Be Compensated For Pre-Existing Conditions After a Car Accident?

If you’re injured in a car accident that someone else caused, you can recover compensation for your injuries and other losses. This may include compensation for medical bills, pain and suffering, lost wages, and more. 

Insurance companies may look for your pre-existing conditions to reduce or reject your compensation claims. But you should get compensation for any new conditions and compensation for any pre-existing conditions worsened by the accident. A skilled Laredo car accident attorney can fight for you to get both.

Our experienced Laredo car accident lawyer at Roderick C. Lopez Personal Injury Lawyers can fight for full compensation on your behalf. Call or contact our office online or at (956) 529-7336 to schedule a free consultation with a member of our team.

How Roderick C. Lopez Personal Injury Lawyers Can Help Your Car Accident Case in Laredo, TX

How Roderick C. Lopez Personal Injury Lawyers Can Help Your Car Accident Case in Laredo, TX

Our knowledgeable Laredo car accident lawyer has over 25 years of legal experience and has helped injured victims recover over $30 million in compensation. He’s earned the following recognitions for his work:

  • Avvo – 9.4 – Top Attorney
  • Avvo – Clients’ Choice Award
  • Million Dollar Advocates Forum
  • Member of the Academy of Truck Accident Attorneys

When you hire our dedicated Laredo car accident lawyer, he will fight for compensation on your behalf. While handling your case, he may take the following steps:

  • Investigate your car accident
  • Collect evidence of the accident
  • Gather your past and present medical records
  • Hire expert witnesses to address how the accident exacerbated any preexisting condition
  • Contact the insurance company on your behalf
  • Negotiate a favorable settlement, if possible
  • If a favorable settlement can’t be reached, fight for your compensation in court

Contact our office to discuss how our Laredo personal injury attorney will fight for you. 

What Is a Pre-Existing Condition?

A pre-existing condition is any health condition that existed before your car accident. Some conditions, such as asthma or cancer, probably won’t be worsened by the accident. However, many other conditions can be, including:

A car accident can exacerbate these injuries by aggravating an ongoing condition or causing an old injury to flare up. 

What Is The Eggshell Skull Doctrine?

In Texas, you can’t be precluded from recovering compensation simply because you had a pre-existing condition. Rather, the defendant has to take you as you are and can be responsible for any harm you suffered, including harm caused by aggravating an existing injury. 

The eggshell skull doctrine applies even if you suffer an injury due to a pre-existing condition, but an otherwise healthy victim would not have been injured. For example, if you had decreased bone density and were more likely to suffer broken bones in a car accident than most victims, an at-fault driver can still be held responsible for those injuries. 

This doctrine protects individuals with pre-existing conditions so that they can recover compensation for injuries or worsened conditions they suffer in an accident.

How Do I Prove That the Car Accident Aggravated a Pre-Existing Condition?

If you have a pre-existing condition, it can be tricky to prove that the car accident caused your worsened condition. An expert medical witness may be necessary to prove that while you had a pre-existing condition, the car accident caused your current injuries and symptoms. The expert will review your prior medical records, your treatment records after the accident, and other relevant information to prove that your injuries are not just a continuation of your pre-existing condition but a result of the car accident. 

You Have a Duty to Mitigate Your Injuries

While you can seek compensation even if you have pre-existing conditions, you must try to mitigate your injuries. This means you must seek proper medical attention for the injuries you suffered in the car accident and in light of your pre-existing conditions. 

For example, suppose you know that you have a condition that makes you more prone to broken bones and don’t seek proper medical attention, causing your bones to heal improperly. In that case, you have not properly mitigated your damages. The at-fault driver will argue that they should not be held responsible because your injuries would have been less severe if you sought proper care. 

How Much Does It Cost To Hire a Car Accident Lawyer in Laredo, TX?

You can hire a car accident lawyer in Laredo without paying upfront legal fees. That’s because most car accident lawyers accept cases on a contingency fee basis. Your lawyer will collect a percentage of your settlement or jury award at the end of your case. But if you don’t recover compensation, they don’t get paid. 

Contact Roderick C. Lopez Personal Injury Lawyers for a Free Consultation About Your Laredo Car Accident Case

Our dedicated Laredo car accident lawyer understands the nuances of cases involving a pre-existing injury. He’ll work diligently to pursue compensation for all of your accident-related injuries, including those related to a pre-existing condition. 

Call (956) 529-7336 now and ensure justice is served.

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