Suffering from an accident is tough enough, but when you have preexisting injuries, you might wonder if you can still pursue a personal injury claim. The good news is that Texas law allows you to seek compensation, even if you had prior health issues. Here’s what you need to know.
Having preexisting injuries does not bar you from pursuing a personal injury claim in Texas. By understanding your rights and working with a skilled attorney, you can build a strong case and secure the compensation you need to move forward. If you or a loved one has been injured, contact our San Antonio personal injury lawyers at Ryan Orsatti Law today for a free consultation.
Understanding Preexisting Conditions in Personal Injury Cases
In personal injury law, a preexisting condition is any health issue you had before the accident occurred. These can range from chronic illnesses to old injuries. Insurance companies often try to use these conditions against you, claiming that your current pain is due to your preexisting issues rather than the accident.
The Eggshell Skull Rule
Texas follows the “eggshell skull rule,” which means that a defendant takes a plaintiff as they find them. Essentially, if the accident worsens a preexisting condition, the defendant is still liable for the aggravation. This rule ensures that victims with prior conditions are not unfairly disadvantaged.
Proving Your Case with Preexisting Injuries
To succeed in your personal injury claim, you need to demonstrate that the accident exacerbated your preexisting condition. Here are some steps to strengthen your case:
- Medical Records: Obtain detailed medical records documenting your health before and after the accident. This evidence can show how the incident worsened your condition.
- Expert Testimony: Medical experts can provide opinions on how the accident impacted your preexisting injuries, offering crucial support for your claim.
- Consistent Treatment: Follow through with all medical treatments and therapies recommended by your healthcare providers. Consistent treatment demonstrates the severity and impact of your injuries.
Common Challenges and How to Overcome Them
Insurance companies may argue that your injuries are solely due to preexisting conditions. Combat these tactics by:
- Hiring an Experienced Attorney: An attorney specializing in personal injury law can counteract insurance company strategies and present a compelling case on your behalf.
- Gathering Comprehensive Evidence: Collecting extensive documentation and expert opinions can refute claims that your injuries are unrelated to the accident.
Case Examples and Legal Precedents
Several legal precedents in Texas highlight the application of the eggshell skull rule in personal injury cases. For instance, in Ramos v. Columbia Medical Center, the court upheld the plaintiff’s right to compensation despite preexisting conditions, emphasizing that the accident aggravated their injuries.
Why Choose Ryan Orsatti Law?
At Ryan Orsatti Law, we understand the complexities of personal injury cases involving preexisting conditions. Our team is dedicated to ensuring that your rights are protected and that you receive the compensation you deserve. With extensive experience in Texas personal injury law, we are well-equipped to handle the challenges posed by insurance companies.
