When you’re injured in an accident in San Antonio, the path to fair compensation can become complicated if you have pre-existing medical conditions. Insurance companies often use these conditions as justification to reduce or deny claims, but understanding your rights can make all the difference. At Ryan Orsatti Law, we believe every San Antonio resident deserves fair treatment after an injury, regardless of their medical history.
Understanding Pre-Existing Conditions in Personal Injury Law
A pre-existing condition is any health issue or injury that existed before your accident occurred. These can range from chronic conditions like arthritis or diabetes to previous injuries such as back problems or joint damage. While these conditions existed before your accident, they don’t automatically disqualify you from receiving compensation for new injuries or worsened conditions.
Texas personal injury law recognizes an important principle known as the “eggshell plaintiff” rule. This legal doctrine holds that defendants must “take their plaintiffs as they find them.” In simpler terms, if your accident aggravated or worsened an existing condition, the at-fault party remains liable for that additional harm—even if someone without your condition might have suffered less severe injuries.
The Eggshell Plaintiff Rule in Texas Courts
San Antonio courts, like all Texas courts, generally uphold the eggshell plaintiff doctrine. This means that if you had a pre-existing back condition that was manageable before a car accident, but the accident caused it to become severely painful and debilitating, you may be entitled to compensation for that worsened state—not just for any new injuries.
For example, imagine a San Antonio resident with mild, occasional back pain who can work and enjoy most activities without significant limitations. After a rear-end collision on Loop 410, their condition deteriorates to the point where they require surgery and can no longer work their construction job. Even though they had a pre-existing condition, they deserve compensation for this significant change in their health and livelihood.
Common Challenges With Pre-Existing Conditions in San Antonio Claims
While the law protects injured parties with pre-existing conditions, several practical challenges often arise:
1. Causation Disputes
Insurance companies frequently argue that your symptoms are entirely due to your pre-existing condition rather than the accident. They might claim that your back pain after a car accident on I-35 is merely a continuation of previous problems, not a result of the collision.
These disputes require clear medical evidence and expert testimony to establish the connection between the accident and your worsened condition. San Antonio physicians familiar with personal injury cases can provide crucial documentation distinguishing new or aggravated injuries from baseline pre-existing conditions.
2. Valuation Complications
Even when insurers acknowledge some responsibility, they often attempt to undervalue claims involving pre-existing conditions. They might offer settlements that don’t adequately account for the dramatic change in your quality of life or increased medical needs.
In Bexar County courts, establishing the true value of your claim requires comprehensive documentation of your condition before and after the accident. This might include medical records, employment history, testimony from family members, and expert opinions about your diminished quality of life or inability to work.
3. Medical Record Scrutiny
After filing a personal injury claim in San Antonio, expect insurance adjusters to thoroughly investigate your medical history. They may request records going back years or even decades, looking for any mention of similar symptoms or related conditions.
This level of scrutiny can feel invasive, but it’s a standard part of the personal injury process. Working with a knowledgeable San Antonio personal injury attorney ensures your medical privacy rights are protected while still providing necessary documentation.
The Importance of Disclosure in San Antonio Personal Injury Cases
When pursuing a personal injury claim in San Antonio, complete honesty about pre-existing conditions is essential. Failing to disclose relevant medical history can severely damage your case and may constitute insurance fraud in extreme cases.
Insurance investigators are thorough—they’ll likely discover undisclosed conditions through medical record reviews or independent medical examinations. When this happens, it casts doubt on your credibility and may lead to claim denial or reduced compensation.
Your attorney can help present your medical history in the most favorable light while maintaining complete honesty. For instance, properly framing a pre-existing condition that had minimal impact on your daily life before being severely aggravated by an accident can strengthen your case rather than harm it.
Medical Documentation Strategies for San Antonio Injury Claims
Strong medical documentation is your best defense when pre-existing conditions complicate your injury claim. Consider these strategies:
1. Seek Immediate Medical Attention
After any accident in San Antonio, seek prompt medical care—even if you think your symptoms are “just your old injury acting up.” Quick medical evaluation establishes a clear timeline connecting the accident to new or worsened symptoms.
Many excellent San Antonio medical facilities, from University Hospital to Methodist Hospital, can provide thorough documentation of your condition immediately following an accident. This baseline assessment becomes crucial evidence in your case.
2. Be Thorough About Symptom Changes
When speaking with healthcare providers, clearly distinguish between your normal baseline symptoms and new developments after the accident. Be specific about changes in:
- Pain intensity
- Frequency of symptoms
- New limitations in activity
- Changes in treatment needs
- Medication increases
- New diagnostic findings
3. Follow All Treatment Recommendations
Consistent follow-through with medical advice not only improves your health outcomes but also strengthens your legal case. Insurance companies often claim that worsened conditions result from non-compliance with treatment rather than accident-related injuries.
San Antonio offers numerous rehabilitation facilities and specialist clinics that can provide both excellent care and thorough documentation of your progress and ongoing limitations after an injury.
The “Substantial Factor” Test in Texas Personal Injury Law
Texas courts apply what’s known as the “substantial factor” test when determining causation in cases involving pre-existing conditions. For your claim to succeed, you must demonstrate that the accident was a substantial factor in causing your current injuries or worsened condition—not necessarily the only cause.
This legal standard recognizes that multiple factors can contribute to an injury. An experienced San Antonio personal injury attorney can help gather and present evidence showing how the accident significantly contributed to your current medical situation, even if pre-existing conditions played some role.
Comparative Negligence Considerations in San Antonio
Texas operates under a modified comparative negligence system with a 51% bar rule. This means that if you’re found to be more than 51% responsible for an accident, you cannot recover damages. If your responsibility is 51% or less, your compensation will be reduced by your percentage of fault.
Pre-existing conditions sometimes intersect with comparative negligence arguments. For example, an insurance company might claim that your failure to disclose a medical condition that could affect your driving ability constitutes negligence. These complex legal scenarios require skilled legal representation to navigate successfully.
Expert Witnesses in San Antonio Pre-Existing Condition Cases
Medical expert testimony often becomes crucial in cases involving pre-existing conditions. These experts can help establish:
- The clear distinction between your baseline condition and post-accident state
- How the accident mechanism specifically aggravated your condition
- The medical likelihood of alternative explanations for your worsened symptoms
- Projected future medical needs resulting from the aggravation
San Antonio has numerous qualified medical experts in various specialties who can provide testimony in personal injury cases. Your attorney can help identify and retain appropriate experts for your specific situation.
Damages Available in San Antonio Personal Injury Cases
When pre-existing conditions are aggravated by an accident, you may be entitled to various forms of compensation:
Economic Damages
- Medical expenses related to the aggravation (not treatment you would have needed anyway)
- Lost wages due to increased disability
- Costs of additional assistance needed at home
- Modified vehicle or home accommodations
- Future medical care related to the aggravation
Non-Economic Damages
- Pain and suffering beyond your baseline condition
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
Texas does not cap compensatory damages in most personal injury cases, although punitive damages are limited to the greater of $200,000 or twice your economic damages plus non-economic damages up to $750,000.
Statute of Limitations for Personal Injury Claims in San Antonio
In Texas, most personal injury claims must be filed within two years of the date of injury. This deadline applies regardless of whether you have pre-existing conditions.
However, cases involving aggravation of pre-existing conditions sometimes raise questions about when the statute begins to run—particularly if the worsening developed gradually. Texas courts generally hold that the clock starts when a reasonably diligent person would have discovered the injury and its connection to the accident.
Given these complexities, consulting with a San Antonio personal injury attorney promptly after an accident is essential to protect your legal rights.
Settling Pre-Existing Condition Claims in San Antonio
Most personal injury cases in San Antonio settle before trial. When pre-existing conditions are involved, settlement negotiations often center on:
- Establishing clear “before and after” evidence
- Quantifying the specific aggravation attributable to the accident
- Calculating appropriate compensation for that aggravation
- Addressing future medical needs related to the worsened condition
Insurance companies typically make low initial offers in cases involving pre-existing conditions, expecting that claimants will struggle to prove aggravation. An experienced attorney can help counter these tactics with comprehensive medical evidence and expert testimony.
How Ryan Orsatti Law Can Help with Your San Antonio Personal Injury Claim
At Ryan Orsatti Law, we understand the unique challenges posed by personal injury claims involving pre-existing conditions. Our approach includes:
- Thorough medical record review to understand your baseline condition
- Coordination with your healthcare providers to document accident-related changes
- Consultation with medical experts who can testify about aggravation
- Strategic presentation of evidence to counter insurance company tactics
- Aggressive negotiation for fair compensation
- Willingness to take your case to trial if necessary
We believe that San Antonio residents with pre-existing conditions deserve the same access to justice as anyone else when they’re injured through no fault of their own.
Contact a San Antonio Personal Injury Attorney Today
If you’ve been injured in an accident that aggravated a pre-existing condition, don’t let insurance companies minimize your suffering. Contact Ryan Orsatti Law today for a free consultation about your case. Our experienced San Antonio personal injury team will fight for the full compensation you deserve.
Remember, having a pre-existing condition doesn’t mean you have to accept less after an accident—it just means you need skilled legal representation to protect your rights.
