LAW BLOG •
Having a pre-existing condition before your accident could make an already complex personal injury claim even more difficult to navigate. Insurance companies may look for reasons to deny your claim or offer less than your injuries are worth. A pre-existing condition can serve as an excuse for treating your claim unfairly. In reality, your pre-existing injury should only affect your personal injury claim if to increase your compensatory award, since the severity and extent of your injuries might be greater due to the pre-existing condition. If an insurance company tries to unfairly deny your claim, speak to a bad faith lawyer in Texas.
A pre-existing condition should not affect your personal injury claim in the sense of hurting your chances of obtaining financial recovery. Even if your injury made you more susceptible to injuries in an accident, an insurance company will still owe you for your related damages and costs.
The only exception is if you try to recover for a pre-existing injury that has nothing to do with your accident. You will need to prove to an insurance company that the accident for which you are claiming exacerbated your pre-existing injury (or vice versa) to recover damages. If your two conditions are not related, the insurance company may have the right to deny the claim or at least offer less compensation.
It is important, however, to always disclose pre-existing injuries to your insurance company. Be upfront about your pre-existing conditions, injuries and accidents. Failing to disclose prior injuries could hurt your chances of recovering a fair compensatory award. The insurance company could allege that you intentionally concealed information or misrepresented facts to get a better settlement. Disclosing your old injuries and getting a physician’s diagnosis of how the new accident has aggravated them is the best way to handle your claim.
In most states, including Texas, a legal doctrine known as the Eggshell Skull Rule applies to civil cases involving pre-existing injuries. It protects the rights of victims with pre-existing conditions to receive compensation. The Eggshell Skull Rule holds that the at-fault party will be liable for the plaintiff’s injuries as-is, regardless of whether the victim had a pre-existing injury that led to more severe injuries than he or she otherwise would have suffered.
A defendant that commits a tort against a plaintiff will be liable for all the plaintiff’s resultant injuries, including those exacerbated by the plaintiff’s uncommon and unforeseeable conditions. The legal doctrine gives this example: if the plaintiff had a skull as thin as an eggshell and suffered a severe brain injury in an accident, the defendant would still be liable for damages related to the victim’s brain injury – even if a person with a thicker skull would not have suffered the same injuries in the same circumstances. A pre-existing condition will not bar you from recovery for your personal injury accident.
If you were honest and upfront about your pre-existing injury and you have the medical documentation to support your claim, an insurance company could be acting in bad faith if it still denies your claim on the basis of a pre-existing injury. The insurance company could be breaking the Eggshell Skull doctrine by unfairly denying your claim based on a pre-existing condition. According to the law, the defendant that caused your injuries will be liable for their full value, with or without a pre-existing condition exacerbating them.
The best way to protect yourself during the personal injury claims process if you have a pre-existing condition is by working with a personal injury lawyer. An attorney can help you build a stronger case using evidence, proof of your previous medical issues and expert witnesses. A lawyer could also help you combat insurance bad faith practices if an insurance company tries to unfairly deny your claim.
A bad faith lawsuit could lead to additional payments and penalties on top of your original settlement. Speak to a lawyer right away if you get into an accident that aggravates a pre-existing condition, or if a pre-existing condition exacerbates your injuries. Your case could be more complex than the average personal injury claim.
The post How Does a Pre-Existing Condition Affect Your Personal Injury Claim? appeared first on GES Injury Attorneys.
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