Have you been injured in a car accident in Austin, Texas? McMinn Personal Injury Lawyers can help when you call (512) 474-0222. We offer a free consultation with an Austin car accident lawyer, making it easier to understand your rights and what steps to take next after a serious collision.
In many cases, you may be compensated for pre-existing conditions if the crash made them worse. Texas law allows accident victims to recover damages for any aggravation of an existing injury, though proving these claims can be challenging.
At McMinn Personal Injury Lawyers, we understand the challenges of pursuing car accident cases involving pre-existing conditions. Our attorneys understand the Texas laws that apply to these cases and know the tactics insurers use to avoid paying claims involving pre-existing conditions.
Here’s why you should choose us after an accident in Austin, TX:
We are here to listen, advocate, and fight for the compensation you are entitled to under Texas law. Contact our team today for a free consultation with an experienced Austin personal injury attorney.
Texas law safeguards your right to pursue compensation even when you have a prior injury or medical condition, but understanding how these issues influence your claim is crucial to securing full recovery.
Under the state’s long-recognized “eggshell skull” rule, a negligent party must take an injured person as they are. This means that if a pre-existing condition made you more vulnerable to harm, the at-fault party is still legally responsible for the additional injury their conduct caused.
Texas courts consistently apply this doctrine. This guidance ensures that individuals with pre-existing health issues remain entitled to compensation for the worsening of their condition resulting from an accident.
If your pre-existing condition was aggravated by a car accident, you may be entitled to compensation for economic damages. These damages include, but are not limited to:
In addition to financial damages, you may also receive non-economic damages related to the worsening of a pre-existing condition after a car accident. These damages include:
It is up to you to prove that the car accident caused your pre-existing condition to become worse. The insurance company will use various tactics to argue that your injuries were not caused by the accident.
The key to recovering compensation is proving that the accident directly caused or significantly contributed to the worsening of your pre-existing condition. This requires medical documentation that shows your condition before and after the accident.
Insurance companies often argue that the accident did not cause your injury. Instead, the company argues that your condition merely reflects the natural progression of your existing condition.
Generally, victims require medical expert testimony linking their injuries to the accident and explaining the extent of the aggravation.
You are entitled to compensation for the full extent of the injuries and damages caused by a car accident in Austin, Texas. This is true even if you have a pre-existing condition that could make you more susceptible to injury.
Contact McMinn Personal Injury Lawyers to schedule a free consultation with an Austin car accident lawyer. We will explain your legal rights and how to protect your interests regarding a car accident claim involving pre-existing conditions.
