Not everyone involved in a car accident is the epitome of perfect health at the time of the collision. A person in a collision may experience effects on their physical and mental well-being following a significant Dallas car accident. How do you separate accident-related injuries from pre-existing injuries? Can a prior medical condition or injury jeopardize your compensation claim?
The Dallas personal injury lawyers at Kraft & Associates, P.C. understand an injured person’s challenges when pursuing compensation after an accident someone else caused. Insurance companies may attempt to use a pre-existing condition in your medical history against you to deny or minimize your claim. Our legal team wants to help you understand the role pre-existing conditions play in personal injury cases.
Understanding the Rule “Take Your Victim as You Find Him”
How can pre-existing medical conditions potentially impact your case? First, you must understand the “take your victim as you find him” and Texas’ Eggshell Skull Doctrine. If a person is injured in an accident caused by someone else, such as a car collision, the at-fault individual must take the victim as they are. That means they are liable for the full extent of the person’s injuries caused by the accident, no matter how vulnerable their medical state was prior to the crash.
Generally, the Eggshell Skull Doctrine dictates that the at-fault party may be required to compensate an accident victim for any harm a person suffered, even in cases where an already existing injury or condition is present. Consider the following example.
A person has a degenerative spine disease that is currently being treated conservatively. However, a reckless driver causes an accident, which leads to the person with the degenerative spine condition suffering a fractured disk that results in a need for surgery. The at-fault party can be held liable for compensating the victim for their fractured disc and spine surgery because the accident made their condition more severe than it was prior to the accident. The fractured disc wouldn’t have existed, and surgery wouldn’t have been necessary but for the crash.
Examples of Pre-Existing Conditions
What is a pre-existing condition? It is any medical issue a person has been diagnosed with or treated for before an accident. Pre-existing conditions can include medical disorders, conditions, and injuries. Some pre-existing medical conditions may not necessarily be directly affected by an accident. However, other conditions can become significantly more severe due to the trauma associated with an event such as a car accident.
Common examples of pre-existing conditions potentially aggravated due to a personal injury accident can include:
- Herniated discs
- Neck, back, and spinal conditions
- Broken bones
- Dislocated joints
- Degenerative conditions
- Hernias
- Soft tissue injuries
- Contusions
- Arthritis
- Repetitive trauma injuries
Additionally, mental health conditions such as anxiety and post-traumatic stress disorder can worsen following an accident.
Why It’s Crucial to Tell Your Lawyer About Pre-Existing Conditions
Fearing denial of their claim, many people choose not to disclose the existence of pre-existing conditions. Hiding an existing medical condition is a crucial misstep. Your medical documentation becomes evidence in an accident case. An insurer or opposing attorney will certainly scrutinize your medical history to determine the value of your case, searching for reasons to shift the blame to you and deny your claim.
You should always disclose your medical history to your attorney following an accident. A skilled personal injury attorney can review your medical records and develop a legal strategy that takes into account your pre-existing condition. An experienced injury attorney at Kraft & Associates, P.C., can build a compelling case arguing for maximum compensation by demonstrating how a personal injury accident aggravated your condition and discussing the new treatment regimens you required because of the crash. Failing to acknowledge pre-existing conditions or trying to hide their existence can jeopardize your case.
Why Failing To Share a Pre-Existing Condition Could Jeopardize Your Case
In a personal injury case, details matter. Although a condition or injury may seem minor, you must give your attorney an accurate and complete picture of your medical history and the state of your health at the time of the accident. Your attorney can review your medical records and decide how best to proceed.
Forgetting details or omitting information from your medical history can paint you and your case in an unflattering light. Not sharing a pre-existing condition can make you seem unreliable and call into question your credibility. It can also give the opposing side a reason to diminish the value of your case or deny your claim.
Why a Pre-Existing Condition Doesn’t Always Stop You from Getting Compensation
The Eggshell Skull Doctrine means that even if you have a pre-existing condition, that does not bar you from seeking compensation for your injuries following a personal injury accident. You can still pursue compensation for new injuries and the aggravation of previous injuries.
The legal team at Kraft & Associates, P.C., can evaluate your case, calculate your financial losses, and help you pursue the compensation you need. You may be entitled to money for your medical expenses, lost wages, and emotional distress. A pre-existing condition doesn’t prevent you from attempting to recover the money you need to move forward with your life.
Get Legal Help from an Experienced Personal Injury Lawyer Near You
If you have been injured in a Dallas accident and have a pre-existing medical condition, it’s important to understand your legal rights. Discuss your situation and medical history with a skilled personal injury attorney with Kraft & Associates P.C. The consultation is free. We can review your situation, investigate the cause of the accident, and build a compelling case that stands the best chance possible of achieving a favorable result. We know an accident can have a life-altering effect on you and your family. Do not hesitate to seek the help you need.
Contact our office online or call (214) 999-9999 to arrange a free case review. Our aggressive Dallas personal injury team is ready to fight for you.
