Will a Pre-Existing Condition Affect Your Truck Accident Claim?
It is not uncommon for accident victims to suffer from pre-existing conditions. Pre-existing injuries and illnesses can become aggravated if you are in a truck accident and sustain additional injuries. Careless parties often try to blame a victim’s injuries on their pre-existing injuries, but it is important to know that you still have a right to file a claim for compensation. Still, a pre-existing condition can make obtaining the maximum compensation you deserve more challenging. Below, our San Antonio truck accident lawyer explains further.
What are Pre-Existing Conditions?
In the simplest of terms, a pre-existing condition is any medical condition a person may have before being involved in a truck crash, or any other type of accident. Pre-existing conditions are very common, especially among older accident victims. For example, a person may have a chronic back condition, like a herniated disc. If they are involved in a truck accident, the herniated disc is the pre-existing condition; however, the herniated disc may have been asymptomatic (not causing any pain before the crash and is now causing pain) or the herniated disc may have become more damaged or larger in size. While any previous injury or illness can be considered a pre-existing condition, there are some that are more common than others. These are as follows:
- Neck and back injuries
- Traumatic brain injuries
- Previous surgeries
- Fibromyalgia
- Degenerative disc diseases
- Spondylolisthesis (in some people, this causes no symptoms at all)
- Mental illnesses, such as depression, anxiety, and PTSD
Thousands of people in San Antonio, and throughout Texas, suffer from pre-existing conditions. However, this does not mean that they are barred from receiving the financial compensation they need when they are hurt by another person’s negligence.
The Eggshell Skull Doctrine
Texas follows a legal concept known as the thin eggshell doctrine, also referred to as the thin skull doctrine. Under this doctrine, plaintiffs must take accident victims ‘as they find them.’ Essentially, they must accept the victim as they are, with or without a pre-existing condition. Insurance companies, as well as plaintiffs must still pay victims for all of their losses suffered during an accident.
Unfortunately, insurance companies do not always play fairly. They prioritize their own profits over the well-being of accident victims. To do this, they often use pre-existing conditions to try and deny valid claims.
Do Not Hide Pre-Existing Conditions
You may want to conceal your pre-existing condition because you may think it will hurt your truck accident claim. However, any dishonesty or fraud during the personal injury process will greatly hurt your claim. Dishonest statements will be discovered and when they are, it will greatly hurt your credibility in all aspects of your case. Instead, remember that a pre-existing condition does not limit your ability to obtain the full settlement you deserve and so, you should come forward with it and be open and honest.
Our Truck Accident Lawyer in San Antonio Can Help with Your Case
If you have been injured in a crash and have a pre-existing condition, our San Antonio truck accident lawyer at the Law Office of Israel Garcia can help you obtain the full and fair settlement you are entitled to. Call or text us now at 210-LAW-9999 or chat with us online to schedule a free consultation and to learn more.
Sources:
law.cornell.edu/wex/negligence
kff.org/policy-watch/mental-illness-may-soon-be-most-common-pre-existing-conditions/
