Can I Be Compensated for Pre-Existing Conditions After a Car Accident?
Before moving forward with a personal injury claim after an auto accident, Texas residents tend to have lots of questions. The seasoned attorneys at Lorenz & Lorenz, LLP, are frequently asked:
“Can I be compensated for pre-existing conditions after a car accident?”
As is often the case with things of this nature, the answer to this question is a little bit complicated. However, our skilled legal team has endeavored to answer it as thoroughly as possible on this page. If you need any more information once you finish reading through it, we are always available to take your call.
What Are Pre-Existing Conditions?
In the world of personal injury law, pre-existing conditions are any illness, injury, or health problem that impacted the victim before they got into the accident. The Centers for Medicare and Medicaid Services says there are between 50 and 130 million Americans who have one of these conditions.
A brief list of some of the most common pre-existing conditions in Texas would include:
- Previously broken bones
- Old traumatic brain injuries
- Damaged vertebrae
- Previously injured internal organs
- Old eye injuries
- Old joint injuries
If you have one or more of these pre-existing conditions, and you recently suffered an injury in an auto accident in Texas, please contact the team of skilled personal injury attorneys at Lorenz & Lorenz, LLP, today. We might be able to use our knowledge of the law to help you secure the damages you deserve.
Can Texans Claim Damages for Pre-Existing Conditions After a Car Crash?
When Texas residents get into auto accidents, it is very rarely possible for them to recover compensation for their pre-existing medical issues. Since those conditions were present before the crash happened, neither the at-fault driver nor their insurance company is liable for damages.
In most instances, Texans who sustain injuries in auto accidents can only claim compensation for damages caused by the crash, such as:
- Medical bills
- Rehabilitation costs
- Ongoing care expenses
- Property damage
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If the at-fault driver acted with malice or gross negligence, injured parties also have the ability to claim punitive (or exemplary) damages – which can be as high as $750,000.
Would you like to have a knowledgeable personal injury attorney help you file a car accident claim and pursue the compensation you deserve? Then please reach out to Lorenz & Lorenz, LLP, to arrange a free consultation at our offices in Waco or Austin. We have been standing up for auto accident victims like you for years, so we know what it takes to win.
What Can Texans Do If an Insurance Company Claims a Legitimate Injury Was a Pre-Existing Condition?
In their TV and radio commercials, car insurance companies regularly tell their customers that they will be there to assist when things go wrong. In reality, however, these organizations exist for only one purpose – to make as much money as possible.
As insurance companies pursue this goal, they often try to deny claims by arguing that legitimate car crash injuries are pre-existing conditions. They do so because, as soon as they classify a health problem in this way, they are no longer on the hook for medical bills and other expenses.
Fortunately, injured Texas residents do not have to sit back and accept the bad faith actions of their insurance company. Instead, they can prove that their insurer is miscategorizing their injury by:
Providing a Written Statement from Their Doctor
One of the best ways a Texas resident can prove that their auto accident injuries are not a pre-existing condition is by having their physician write a statement which confirms as much. It is difficult for insurance adjusters to argue with the words of an experienced medical professional.
Providing Detailed Medical Records
In addition to providing courts and insurance companies with letters from their physicians, injured Texans can also present their medical records. To get their hands on these documents, plaintiffs need only have their lawyer send a formal request to their hospital or clinic.
Do you need help proving that your car crash injury is not a pre-existing medical condition? If so, please do not hesitate to get in touch with the team at Lorenz & Lorenz, LLP. We have the legal experience and statutory knowledge required to provide you with the assistance you seek.
What Happens When Texans Try to Hide Their Pre-Existing Conditions?
It is never smart for car or truck accident victims in the state of Texas to try to hide their pre-existing injuries. Doing so is likely to land them in quite a lot of trouble.
A brief list of some of the most common consequences of attempting to conceal pre-existing health issues would include:
People who lie about their pre-existing health issues come across as untrustworthy to juries in Texas. As such, it is not at all unusual for them to receive smaller awards than individuals who are honest throughout the process.
Courts in the state of Texas can decide to dismiss an individual’s case if they believe they tried to hire a pre-existing injury. When scenarios of this nature occur, victims usually end up having to pay their medical expenses and other costs out of their own pockets.
A Criminal Charge
It is against the law to lie on an insurance claim in the state of Texas. As such, people who try to hide pre-existing conditions can face criminal charges. If convicted, they may face a hefty fine as well as a lengthy term of imprisonment.
Is an auto insurance company in the state of Texas accusing you of trying to hide a pre-existing injury for financial gain? If so, please get in touch with Lorenz & Lorenz, LLP, at your earliest convenience. We are ready to help you prove that your injuries are legitimate and fight for the damages you deserve.
Can Texas Residents Recover Damages If a Car Crash Aggravates a Pre-Existing Injury?
In most instances, it is impossible for car crash victims to claim damages for pre-existing medical conditions in the Lone Star State. However, it is entirely possible for Texans to recover compensation when an accident of this nature causes them to aggravate a pre-existing injury.
The eggshell plaintiff doctrine explains that courts in the state of Texas can compensate plaintiffs when a car crash makes their pre-existing injuries worse if:
- Their pre-existing injury, illness, or health problem was stable at the time the collision occurred, and
- They did not have any reason to expect their health condition to get worse in the near or distant future
Texas’s eggshell plaintiff doctrine also makes it illegal for auto insurance companies to deny an injury claim because the person’s pre-existing condition made them more susceptible to injury than an average, healthy individual.
Did an auto accident in the state of Texas cause you to aggravate a pre-existing injury? If so, please do not hesitate to pick up the phone and call Lorenz & Lorenz, LLP. Our team of experienced attorneys will be happy to review your personal injury case and help you fight for the compensation you deserve.
How Can a Car Accident Lawyer Help You Recover the Compensation You Deserve?
Hiring a knowledgeable attorney from Lorenz & Lorenz, LLP, is one of the most effective ways to safeguard your health and your finances when you aggravate a pre-existing condition or suffer a new injury in a car accident.
Our legal team will aid your pursuit of compensation by:
- Providing you with honest answers to all your legal questions
- Developing a highly effective legal strategy for your car crash case
- Launching a thorough investigation into your car crash
- Looking for evidence to help prove your claims
- Speaking with the at-fault driver’s insurance company for you
- Consulting with medical professionals about your injuries
- Working out a settlement with the liable party’s insurance company
- Representing you at trial
Are you ready to have an experienced personal injury lawyer from Lorenz & Lorenz, LLP, help you fight for the compensation you need and deserve after your car accident? Then please give us a call today to arrange a free consultation at our law office in Austin or Waco. Our team has many years of experience in the legal field and is ready to go to bat for you.
Can I Be Compensated for Pre-Existing Conditions After a Car Accident? Contact Our Law Firm to Find Out for Sure
“Can I be compensated for pre-existing conditions after a car accident?” We hope we have provided you with a thorough answer to this common question. However, if you need more information, please do not hesitate to contact the team at Lorenz & Lorenz, LLP, today. We are always ready, willing, and able to assist.