You can count on your claim being challenged when you have a pre-existing condition, so you need to keep that in mind when you see healthcare providers.
Having a pre-existing condition that may predispose a person to injury or make it harder to prove the harm resulting from the most recent event. However, it does not deny a person’s right to seek compensation.
You want your medical records to distinguish as clearly as possible what is happening now from your condition before the most recent injuries.
How Your Pre-Existing Conditions Might Be Used Against You
Eggshell Skull
In some instances, an injury is unusually harmful to a particular person due to a personal condition, such as a physical illness or disability. In these cases, the insurance company may argue that an average person would not have experienced the same injury.
This is often followed by the claim that the wrongdoer should not be liable for the additional damage due to the pre-existing condition.
Fortunately, common law has long established that a wrongdoer is responsible for all of the harm they caused, regardless of the particular susceptibility of the person injured.
The so-called ‘eggshell skull’ rule1 followed by Texas holds the wrongdoer liable for the unforeseeable harm precipitated by the unusual condition.
Aggravated Injury
When a new injury aggravates a previous injury, the old injury may be blamed for the current symptoms.
Since only the aggravation is compensable, it’s necessary to be able to establish the condition of the injury before the event in question and to show how the condition has been worsened. This is part of the reason it’s vital that a victim compile a full medical record for both their previous conditions and those caused by the personal injury in question.
The Texas Pattern Jury Charges2 are instructions for jurors in personal injury cases so they understand their duties regarding damage awards.
These instructions hold that jurors in cases involving pre-existing conditions should not include any amount for a pre-existing condition except to the extent the pre-existing condition aggravated the occurrence in question.
Why You Need to Tell Your Doctor if You Have a Pre-Existing Condition
It’s always recommended that a person involved in an accident seek medical attention as soon as possible thereafter. It is especially important for someone with pre-existing conditions to establish a medical record tying the accident to the onset of new injury symptoms. The more separation your doctor can place between current injuries and former injuries, the easier it is to distinguish a current claim and evaluate the appropriate damages.
Do Not Let a Pre-Existing Condition Interfere With Your Right to Compensation
If you were injured by someone else’s careless, reckless, or even intentional actions, you have a right to be compensated under Texas law. You hold this right even if you have a history of similar injuries or you are more susceptible to injury than most other people.
However, you will have to be able to distinguish recent injuries from previous injuries.
Dealing with pre-existing conditions in a personal injury claim requires the ability to convince an insurance company that your documented injuries should only be associated with recent events.
At Farah Law, our personal injury attorneys have been fighting for the rights of clients with pre-existing conditions for decades. Contact us today to schedule a free case evaluation if you have questions about your injury and pre-existing conditions.
Sources Cited:
- https://www.law.cornell.edu/wex/eggshell_skull_rule
- https://texashistory.unt.edu/ark:/67531/metapth639249/m1/375/
