How Pre-Existing Conditions Affect Your Personal Injury Settlement

When victims file a personal injury claim, they expect the at-fault party’s insurance company to pay them the full extent of their damages. However, reality often differs from expectation, as insurance companies have various tactics and excuses for denying claims or reducing the amount sought. One common excuse used in injury settlements is the presence of pre-existing conditions.

Pre-existing conditions can complicate the claim process and affect compensation. Therefore, you must understand pre-existing conditions and how they impact personal injury settlements in Texas. We cover this and more in this blog. For a more in-depth explanation, contact Terry Bryant Accident & Injury Law.

During the initial consultation, we will cover your questions and assess your potential claims. We are well-equipped to handle every aspect of your case from start to finish so you can focus on your recovery. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Why Hire Our Personal Injury Lawyers to Handle Your Case?

At Terry Bryant Accident & Injury Law, we know how vital it is to have proper representation when seeking compensation. Insurance companies are relentless in their quest to minimize compensation and maximize profit. When you retain our services, we will aggressively go after the responsible party and their insurer, leaving no stone unturned in ensuring you get compensation that covers your economic and non-economic damages.

Even if the insurance company alleges a pre-existing condition, our personal injury lawyers will counter their claim with substantial evidence. We have successfully done this for several clients and recorded significant compensation. Our services are on a contingency fee basis, so you don’t have to worry about paying us immediately. Do not sleep on your rights; take action today by booking a free consultation.

We have access to a team of medical experts who can establish to what extent a pre-existing condition affected your injury and will call them to testify on your behalf. 

What Are Pre-Existing Conditions in Personal Injury Claims?

Pre-existing conditions refer to an issue a person had before the accident or injury for which they seek compensation. As mentioned, insurance companies and defendants often try to use pre-existing conditions to reduce or deny compensation, arguing that the injury was not caused by the accident but rather by an existing condition. There are many examples of how pre-existing conditions may affect personal injury cases.

The most common include the following:

• Pre-Existing Neck or Back Injuries: Insurance companies often argue that neck or back pains are from a pre-existing condition, especially if the victim once had a herniated disc or chronic back pain.
• Degenerative Diseases: Several degenerative diseases like arthritis or osteoporosis can make a person more prone to severe injuries, especially in a slip-and-fall accident. However, even if you had a degenerative disease, the at-fault party cannot escape liability.
• Pre-Existing Concussions or Traumatic Brain Injury: Hitting your head or having it struck by an object in an accident can worsen a pre-existing brain injury.
• Old Fractures or Surgeries: If an area with an old fracture or surgery gets injured in an accident, the accident can worsen the condition, and the insurance company might claim it was bound to happen.

Pre-existing mental health conditions like PTSD or anxiety can worsen after an accident. The insurance company will attempt to take advantage of any of these pre-existing conditions, so it is important to get legal representation to ensure your interests are protected.

How Do Pre-Existing Conditions Affect Personal Injury Settlement?

Knowing how injury settlements are affected by pre-existing conditions is vital to getting fair compensation. The first thing to note is that even though a victim (plaintiff) has a pre-existing condition, it need not stop them from receiving compensation. The at-fault party cannot use it as an excuse to escape liability.

When determining injury settlement in the face of pre-existing conditions, we will generally consider these two factors:

Whether the Accident Worsened the Pre-Existing Condition

If the accident worsened the pre-existing condition, you should receive compensation for the new injury and the worsened condition, increasing the amount. The defendant will be held liable for the additional harm caused in this case.

Whether the Accident Did Not Worsen the Pre-Existing Condition

If the accident did not worsen the pre-existing condition, the settlement amount would not be impacted. This means the responsible party will not be liable for the pre-existing condition, so you will not be compensated for it.

Aside from these two, the settlement amount will depend on these factors:

• The Severity of the New Injuries: The settlement could be higher if the accident caused significant new injuries on top of a pre-existing condition. If, for example,you already had chronic back pain and suffered a spinal cord injury, which worsened the back pain, the settlement amount should increase.
• The Extent of Aggravation: The more an accident worsens a pre-existing condition, the more compensation the plaintiff is entitled to. For example, if the pre-existing condition were healing and the new wound worsened it, the compensation should increase.
• Medical Evidence: Strong medical documentation showing a difference between the condition before and after the accident strengthens the claim. Therefore, to maximize compensation, get substantial medical evidence.
• Legal Representation: Another way to maximize compensation is by hiring experienced personal injury attorneys. We can challenge the at-fault party’s insurance company’s attempts to deny or minimize the claim, ensuring you get fair compensation.

Our personal injury lawyers can gather the evidence needed to establish the other party’s liability, from medical records to doctor’s testimony. 

How the “Eggshell Skull Doctrine” Affects Injury Settlement Involving Pre-Existing Conditions

The eggshell skull doctrine protects plaintiffs with pre-existing conditions or vulnerabilities, ensuring they can recover compensation if an accident aggravates their condition or causes new injuries. It prevents defendants from escaping liability simply because the injured party was more susceptible to harm than an average person. In other words, a defendant must take the plaintiff as they find them, even if the person’s condition makes them more prone to severe injuries.

Also, the doctrine prevents defendants from escaping liability because the victim has a pre-existing condition. The defendant is responsible for their action irrespective of the victim’s pre-existing condition.

The Relevance of Expert Testimony in Determining Injury Settlement for Cases Where Pre-Existing Conditions Are Alleged

Calculating compensation can be challenging when the defendant alleges that the victim’s pre-existing condition contributed to the injuries. In such an instance, it is crucial to call a medical expert to testify on the extent of the pre-existing injury and how it contributed to the victim’s condition. The expert will also evaluate the victim’s medical history and how it relates to their condition. Again, we have access to medical experts who can show how the current injury worsened the pre-existing condition.

Contact Our Experienced Legal Team Now!

If you or a loved one suffered injuries due to another person’s negligence and you have a pre-existing condition that might complicate your case, contact Terry Bryant Accident & Injury Law. We will help you navigate the complexities of your case and ensure the at-fault party’s insurance company does not force you into accepting a lowball settlement.

We will also examine your situation, explain how Texas personal injury laws apply to your case, and suggest the best course of action. You can trust us to prioritize your interests always and guide you in making decisions that benefit your case. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.