Can I Be Compensated for Pre-Existing Conditions After a Car Accident?
If you were injured in a car accident in Weatherford, Texas, and had a pre-existing medical condition, you may wonder whether you can receive compensation for it. The short answer is that you may be able to, at least partially, if your condition was worsened by the crash. At any rate, however, you are most likely entitled to all of the economic and non-economic damages that the accident has caused.
A car accident lawyer in Weatherford with Stephens Law Firm, PLLC can help you prove your case. We have 25 years of combined experience and have won over $100 million for our clients. Contact us today at (817) 409-7000 to schedule a free initial consultation.
How Stephens Law Firm, PLLC Can Help You Recover Compensation After a Car Accident in Weatherford, TX
Dealing with a car accident can be overwhelming, especially if you are managing an aggravated pre-existing condition. At Stephens Law Firm, PLLC, we’re here to handle the legal side of things while you focus on your health. We’ll work hard to hold the at-fault party accountable for all of your damages.
Our Weatherford car accident lawyers can help by:
- Investigating the cause of your car accident
- Establishing your pre-existing condition and aggravated injuries
- Gathering accident reports, medical records, and other evidence
- Interviewing eyewitnesses and retaining expert witnesses
- Calculating your economic and non-economic damages
- Filing car accident insurance claims and lawsuits
- Negotiating a settlement on your behalf
- Taking your case to court if necessary
Schedule a free consultation with us today in Weatherford, TX, to get started. We work on contingency, which means we only get paid if you do.
What Are Pre-Existing Conditions?
A pre-existing condition is any medical issue you had before your car accident. These can include chronic illnesses, old injuries, or even conditions you were not actively treating at the time of the crash. Common examples include back problems, joint pain, heart conditions, or prior concussions. These issues may not have been causing problems before the crash, but the trauma of a car accident can aggravate them significantly.
What Types of Pre-Existing Conditions May Be Worsened by a Car Accident in Weatherford?
The physical trauma of a car crash can aggravate many types of health issues. Some of the most common include:
- Back and neck injuries, such as herniated discs or whiplash from previous accidents
- Degenerative conditions, such as arthritis or osteoarthritis
- Mental health issues, including PTSD, anxiety, emotional distress, or depression
- Prior surgeries or joint replacements, which may be damaged or irritated in a crash
- Brain injuries, especially past concussions or mild traumatic brain injuries (TBIs)
These conditions may have been under control before the accident, but they can flare up or become debilitating after a collision. It is crucial to see a medical professional if you are experiencing symptoms of an injury to document any changes.
How Might a Pre-Existing Condition Affect My Ability To Recover Compensation After a Car Accident?
Insurance companies love to argue that pre-existing conditions are the “real reason” for your pain, not the accident itself. This is meant to reduce how much they pay toward your claim. However, Texas law does not allow parties to avoid responsibility just because you have a pre-existing condition.
Under Texas law, you may recover compensation if your car accident worsened a pre-existing condition or caused new symptoms under the “eggshell skull” rule. This legal principle says that an at-fault driver must take the victim as they are, even if they are more vulnerable to injury due to a pre-existing condition than others would normally be.
What if I’m Partly Responsible for My Car Accident in Texas?
Texas follows a modified comparative negligence rule in car accident cases. This means you can still recover damages if you’re partially at fault, as long as you are not more than 51 percent responsible. This is commonly referred to as the “51 percent bar.” However, any compensation you recover will be reduced in proportion to your share of the fault.
For example, if you are found to be 30 percent responsible for your car crash and the aggravation of your pre-existing condition, your compensation will be reduced by 30 percent. An experienced Weatherford car accident lawyer can help defend your right to a fair recovery, even if a pre-existing condition complicates your case.
Contact a Weatherford Car Accident Attorney Today
You deserve to be compensated for the additional pain and challenges you may be facing if a recent car accident has made an old injury or condition worse. An experienced Weatherford car accident attorney can help prove how the crash affected your health and fight back against insurance tactics.
Contact us today for a free consultation and let us help you pursue the compensation you deserve.
