Accidents and injuries are commonplace in our society. Whether these injuries are a result of a trucking accident or medical malpractice, many across the country will suffer injuries as a result of another’s negligence on a daily basis. After seeking appropriate and necessary medical treatment, those injured often then turn to a personal injury attorney to assist and guide them through the legal process of seeking justice for their injuries. There are, however, a group of those injured who believe their preexisting medical conditions or injuries precludes their recovery for their injuries. This is not the case.
A preexisting medical condition or prior injury is one which occurred prior to your accident. An accident does not always cause new injuries. Often, an accident can exacerbate or cause a preexisting condition to become worse or re-injured. Having a preexisting medical condition or prior injury does not preclude you from seeking compensation for you injuries. Under Texas law, a person who was injured as a result of another’s negligence can receive compensation for their damages related to the accident, especially when the accident caused a worsening or aggravation of the prior injury.
When seeking medical treatment after an accident, it is important to fully and fairly disclose your prior injuries to your physician. In doing so, you assist your doctor in ensuring the best level of healthcare will be provided. Additionally, your doctor can then assess the additional damage sustained as a result of the accident.
In addition to disclosing your preexisting medical conditions or injuries to your healthcare providers, it is also necessary to disclose this information to your personal injury attorney. Often, those injured think it best that their attorneys are not made aware of their previous injuries, as it may weaken their case. This, however, tends to make matters worse. By knowing of preexisting injuries or medical conditions, your attorney can ensure that all available claims are brought against the individual who caused your injuries or aggravation of your previous injury.
Even if you have a preexisting medical condition or injury, Texas, as well as many other states, protects your rights. In Texas, a negligent person “must take the victim as he or she finds them.” This legal maxim, known as the Eggshell Skull Doctrine, means that a negligent person cannot avoid liability simply due to a preexisting injury or medical condition.
A preexisting medical condition or injury can certainly complicate a personal injury lawsuit. Please do not attempt to determine if you have a compensable case. You must consult a relevant liability attorney who has the expertise and extensive knowledge necessary to determine who ultimately caused the harm and injuries you or a loved one suffered. Contact us for a free case evaluation here.