When you get into a car accident, the injuries you suffer can be severe enough on their own. However, if you had a pre-existing injury or condition, the accident can often aggravate your prior injuries and cause further harm. As a victim of a car accident where your pre-existing injuries were aggravated, you may be entitled to compensation for the additional pain, suffering, medical bills, lost wages, and other damages related to the worsening of your condition. A Texas Car Accident Lawyer can help you get started.
Proving Liability in a Texas Car Accident With a Pre-Existing Injury
To prove liability in a car accident involving a pre-existing injury in Texas, you must show that the other driver's negligence aggravated or exacerbated your injury. Simply having a pre-existing condition does not preclude you from recovering damages.
Proving the Accident Caused Further Harm
You will need evidence showing the accident aggravated your pre-existing injury or caused a new injury. This could include:
- Medical records from before and after the accident documenting increased pain, limited mobility, or other effects.
- Testimony from your doctors regarding how the accident impacted your injury or condition.
- Photos of your vehicle demonstrating the severity of the impact. Severe collisions are more likely to aggravate or exacerbate an existing injury.
The defense may argue your symptoms are due solely to the natural progression of your pre-existing injury or condition. Your attorney can counter this by presenting evidence the accident accelerated the worsening of your injury or directly caused additional harm.
Calculating Damages
To recover damages, you must show which portion of your injury was caused or aggravated by the accident. Your doctors can determine what percentage of your impairment or need for treatment resulted from the crash. You are entitled to compensation for:
- Increased medical bills, physical therapy costs, medication expenses, etc. directly related to the aggravation of your pre-existing injury.
- Lost wages from missed work due to the worsened effects of your injury.
- Pain and suffering resulting from the exacerbation of your condition due to the car accident.
With solid evidence proving the other driver's negligence aggravated your pre-existing injury, you have a good chance of recovering fair compensation in Texas. An experienced personal injury attorney can help build your case and fight for the damages you deserve.
Evaluating Damages When a Pre-Existing Condition Is Aggravated
Evaluating damages for a pre-existing condition that was aggravated in an accident can be complex. As the plaintiff, you must show that the defendant’s negligence directly caused a worsening of your pre-existing injury or condition.
To determine the appropriate level of compensation, your damages will be calculated by assessing your condition before and after the accident.###Medical Records
Your medical records prior to and following the accident will be thoroughly reviewed. Examinations, diagnoses, test results, treatments, and prognoses will all be considered to evaluate the state of your pre-existing injury before the accident and how it worsened subsequently.
Expert Medical Opinions
Your attorney may retain independent medical experts to examine your records and evaluate your condition. Their expert opinions on the exacerbation of your injury due to the accident will weigh heavily in determining damages.
Pain and Suffering
Compensation for pain, suffering, and loss of quality of life is an important component of damages in personal injury cases. The difference in your condition and ability to function before and after the accident will be used to calculate reasonable compensation for your worsened pain, discomfort, and lifestyle impact.
While complex cases require meticulous analysis, the law provides recourse for plaintiffs whose pre-existing conditions were seriously aggravated due to another party’s negligence. With thorough evidence and expert opinions, fair compensation can be obtained to help cover additional medical expenses, rehabilitation, lost work capacity, and reduced life enjoyment. Proving the defendant liable for exacerbating your injury is the first step towards obtaining the damages you deserve.
Why You Need a Texas Car Accident Lawyer if You Have a Pre-Existing Condition
Why You Need a Texas Car Accident Lawyer if You Have a Pre-Existing Condition
If you have a pre-existing injury or condition and were involved in a car accident, it is critical to consult an experienced personal injury attorney. Your pre-existing condition may be aggravated or exacerbated by the collision, but determining the cause and apportioning damages can be complex.
A knowledgeable car accident lawyer understands Texas personal injury law and can investigate your accident to establish whether your pre-existing condition was worsened or aggravated. They will review medical records, bills, test results, and other evidence to determine the baseline severity of your pre-existing condition before the crash. By comparing this to your post-accident condition and treatment, they can identify the degree to which the collision intensified or aggravated your injuries.
Establishing this causal link is essential to recovering damages for medical expenses, pain and suffering, lost wages, and other losses. Without a skilled attorney advocating for you, an insurance company may try to dispute the connection between your accident and increased injury severity. They may argue your pre-existing condition alone accounts for your current condition and treatment needs.
An attorney can negotiate with insurance companies on your behalf to recover a fair settlement for your total losses. If a settlement cannot be reached, they can represent you in court to hold the at-fault party accountable. With a pre-existing injury, building a compelling case requires expertise and experience.
Don't delay in consulting an attorney if you were in an accident and have a pre-existing condition. Time is of the essence in investigating the accident, preserving evidence, and beginning negotiations. An attorney can advise you on next steps to take in seeking compensation so you can focus on recovery. Your health and financial stability may depend on securing damages from those responsible for exacerbating your injuries.
Steps to Take After a Car Accident With a Pre-Existing Injury in Texas
After a car accident in Texas where a pre-existing injury has been aggravated, it is critical to take the proper steps to protect yourself legally and medically.
Seek Medical Attention Immediately
Seeking medical care should be your top priority. Inform the responding emergency personnel about your pre-existing condition and how the accident has exacerbated your symptoms. Get thoroughly evaluated and obtain copies of all medical records from the visit. Follow up with your primary doctor as soon as possible for a re-evaluation of your condition.
Contact the Police and Exchange Information
Call the police to report the accident and file an official police report. Exchange contact and insurance information with all other parties involved. Get the names and phone numbers of any witnesses as well.
Contact Your Insurance Company
Notify your auto insurance provider about the accident and pre-existing injury as soon as reasonably possible. Provide them with the details of the accident including the time, location and parties involved. Report if the other driver was uninsured or underinsured. Inform them you will be pursuing an injury claim due to the aggravation of your prior condition.
Consult with a Personal Injury Attorney
To understand your legal rights and options fully, consult with an experienced personal injury attorney. They can review the details of your accident and pre-existing injury, handle communications with insurance companies, and determine if you may be entitled to additional compensation. They can advise you on Texas laws regarding pre-existing injuries and help build a strong case to pursue maximum damages.
By following these critical steps after an accident, you put yourself in the best position physically, financially and legally when a pre-existing injury is involved. Care for your health, document the incident thoroughly and seek counsel from medical and legal professionals. Protecting your rights and well-being should be the top priority after any auto accident.
Frequently Asked Questions About Pre-Existing Injuries and Car Accidents in Texas
What if I had a pre-existing injury before the accident?
If you had a pre-existing injury before your car accident in Texas, you may still be able to recover damages. However, the insurance company and other parties involved may argue that your previous injury caused or contributed to your current condition.
To overcome this, you must be able to prove that the accident aggravated, accelerated, or exacerbated your pre-existing injury. This means showing that the crash made your condition substantially worse. Some indicators could be increased pain, reduced range of motion, or the need for more intensive medical treatment. Your doctor's testimony and medical records will be crucial evidence to establish the connection between the accident and worsening of your injury.
It is also important to disclose any prior injuries or conditions to your doctor immediately after the crash. Be open and honest about your medical history so they have a complete picture of your situation. Failure to do so could damage your credibility later on.
Some common questions in these situations include:
- Will my claim be denied because of my pre-existing injury? Not necessarily. You can still recover damages for the additional harm caused by the accident.
- How will the insurance company value my claim? They will determine how much your pre-existing injury already affected you and compensate only for the incremental damage from the crash. Your settlement may be lower than if you had no prior injury.
- What if I'm not sure whether the accident aggravated my condition? See your doctor for a full evaluation as soon as possible after the crash. Early medical records and a doctor's opinion on causation are crucial to establishing the link between the accident and worsening of symptoms.
While pre-existing injuries add complexity, don't assume you have no case. With the help of a personal injury attorney in Texas and strong medical evidence, you may still be able to pursue compensation for the harm caused by the car accident. Discuss the details of your unique situation with an experienced lawyer to determine the viability of your claim.
Call A Texas Car Accident Lawyer At Fletcher Law
If you were injured in a car accident in Texas due to the negligence of another driver, you may be entitled to compensation for your injuries and damages. This is especially true if a pre-existing injury or condition was aggravated or exacerbated as a result of the crash.
In these situations, it is critical to contact an experienced Texas car accident lawyer from Fletcher Law PLLC as soon as possible. Our attorneys have successfully represented clients across Texas in cases involving aggravated pre-existing injuries. We will thoroughly investigate your accident and build a strong case to prove the other driver's negligence caused or worsened your injuries.
Some key things we will do:
- Review medical records and bills to determine the extent of your initial injury and how it was aggravated by the crash. This helps establish a clear timeline of events.
- Consult with medical experts who can provide testimony about your condition before and after the accident. Their expertise lends credibility to your claim.
- Calculate all damages related to your aggravated injury including medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. We will seek full compensation on your behalf.
- Negotiate with insurance companies to obtain a fair settlement for your claim. If needed, we are willing to take your case to court to get you the outcome you deserve.
Do not delay in calling us for a free consultation. The longer you wait, the more difficult it can be to prove your aggravated injury claim. Our experienced attorneys know Texas personal injury law inside and out and will fight tirelessly on your behalf. Call today for help from legal professionals who care.
Conclusion
While recovering from a pre-existing injury is difficult enough, having that injury aggravated or worsened in a car accident can be devastating. You may face additional pain, suffering, medical bills, lost wages, and other damages. Under Texas law, the at-fault driver is liable for the full extent of your injuries and losses, including those stemming from a pre-existing condition. Don't let an insurance company tell you otherwise. The injury lawyers at Fletcher Law are here to help.
You deserve full compensation for all injuries and losses resulting from the accident. An experienced personal injury attorney can help you pursue a claim to recover damages for your pre-existing injury as well as any new injuries. They can handle negotiations with insurance companies and take your case to court if necessary. You've already been through enough, so put your trust in legal professionals who will fight for the maximum settlement you deserve under the law.