Car accidents are common across Texas. In fact, according to the Texas Department of Transportation, someone is injured in a car wreck every two minutes, and nearly 90,000 people are injured annually in Texas car accidents.
If you were injured in a car crash, the first thing you should do is seek medical treatment for your injuries. The driver responsible for the crash should cover your medical expenses resulting from the collision.
However, many accident victims wonder if pre-existing injuries or medical conditions will impact their personal injury claim.
What Is a Pre-Existing Condition?
A pre-existing condition or injury is one you have previously experienced. If you have a pre-existing injury, you have already suffered an injury, and it may have been re-injured due to the crash.
Having a pre-existing injury does not mean that you will not be compensated for your new injuries. Actually, your condition may have worsened due to the accident. For example, you had a previous back injury that was treated in the past. Now, you have been involved in a rear-end crash and suffered whiplash. You will be able to show that your condition was worsened or aggravated by the accident.
Fully Disclose Any Pre-Existing Injuries
The most crucial thing that any accident victim should do is disclose any previous injuries or conditions to their healthcare provider and Houston personal injury attorney. This is important in order to recover compensation for your injuries resulting from the crash.
Far too often, accident victims feel that they will not be able to recover deserved compensation by disclosing a previous injury. Unfortunately, failing to disclose pre-existing injuries can make matters worse. The best thing to do is to inform the treating physician about previous conditions or injuries, even if they do not relate to your current injuries. The doctor should note the additional medical damages caused by the collision.
The Eggshell Skull Doctrine
Texas has something known as the eggshell skull doctrine, also referred to as the “thin skull rule.” The rule states that the negligent party must take the victim as they are, and as the victim, you are entitled to compensation for the injuries caused by the negligence of another party.
Texas personal injury victims may be eligible to recover compensation after a traffic crash if the pre-existing injury had stabilized prior to the crash or if there was no indication that the condition would worsen before the accident occurred. Essentially, you should be compensated for any additional injuries or aggravation of existing injuries caused by the actions of the negligent party.
If you were injured in a car wreck, always seek medical treatment immediately. Then, contact a qualified personal injury attorney in Houston to help with your claim.
Your case may be complicated due to a pre-existing injury, but you are still entitled to compensation for damages, including medical bills, lost income, and pain and suffering.
Personal Injury Lawyers in Houston
After being injured in a car accident, victims are often overwhelmed and frustrated. Texas crash victims may not know what to do next in order to pursue deserved compensation. West Loop Law and the Law Office of Nhan Nguyen, MD, JD has the knowledge and experience to make sure your case is treated fairly and that the liable party is held responsible. When you have been injured in an accident, your focus should be on healing yourself physically, emotionally, and mentally so you can return to your normal life. Contact our offices today at 713-840-7200 to discuss your case with a qualified Houston personal injury lawyer.
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