No, pre-existing conditions do not always hurt your case. They can actually sometimes help your case. However, they can also complicate your case, so it’s crucial to work with an experienced personal injury attorney in San Antonio who can help you navigate the complexities that arise in cases involving pre-existing conditions.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical condition or injury that you had before the accident, which may or may not be related to your claim. It can be a medical condition, such as arthritis, or a previous injury, such as a back injury that you suffered at work.
Common examples of pre-existing conditions accident victims may have had at the time of an accident could include:
- Arthritis
- Back injuries
- Herniated discs
- Cancer
- Diabetes
- Chronic back pain
- Broken bones
Pre-existing conditions can also include psychological injuries, such as Post Traumatic Stress Disorder, depression, and anxiety.
The Role of Pre-Existing Conditions in Personal Injury Claims
The insurance company will likely try to blame the existence of any pre-existing conditions on your current injuries. For example, if you had a back injury at work twenty years ago and suffered a back injury in a recent car accident, it might try to say your back was already injured to avoid paying on your claim.
However, this is not the law. Your lawyer can evaluate your pre-existing condition and determine which damages can be attributed to the current accident. Detailed documentation will play a critical role in demonstrating the effects of each condition or injury on your health and well-being. If a pre-existing injury has been impacted because of the accident, you could be owed compensation for this.
What Is the Eggshell Skull Doctrine?
The eggshell skull doctrine is based on a fictional plaintiff in a San Antonio accident claim who has a skull as fragile as an eggshell, making them more susceptible to injury. This legal theory holds defendants for the full extent of harm they cause to a victim, even if the victim had a pre-existing condition (such as a thin skull) that made them more vulnerable to an injury. The defendant doesn’t get to escape their liability just because the plaintiff was susceptible to an injury. If the defendant’s actions worsened the condition, the responsible party can be held liable for that.
Exacerbation of Injuries
If the accident made your condition worse or exacerbated your current condition, you can pursue compensation for the worsening of your condition. For example, if you had some pain due to an old injury, and the new injury caused a flare-up, you could seek compensation for the medical expenses you incurred to have your condition treated, additional pain medication, and pain and suffering.
New Injuries
If the accident caused new injuries, you can also pursue compensation. For example, if you had a previous back injury and then suffered a new back injury in the accident, you could pursue compensation for the costs and effects of the latest injury.
Contact Us for Legal Assistance in Proving Your New or Worsened Injuries
If you’ve been injured in an accident in which you had a pre-existing injury, your claim may be more challenging. You need an experienced San Antonio truck accident attorney who can clearly delineate your current injuries from previous ones, document the differences, and work with your medical providers to prove new injuries or aggravations of pre-existing conditions. Seek assistance from George Salinas Injury Lawyers by calling 210-225-0909.