This guide covers the general points of how you may still be able to recover compensation for injuries, even if you have a pre-existing medical condition.
Suppose you were involved in a car crash and suffered a sprain in your lower back. After the crash, X-rays and MRIs revealed that you had a degenerative spinal condition that existed before the accident, but you were completely unaware of it because it had never caused you any pain. Could your medical bills and compensation for pain and suffering related to your new lower back sprain be denied because of the discovery of that pre-existing condition?
In Texas, the law takes a practical view of new injuries involving pre-existing conditions. In short, you may be entitled to recover compensation for the aggravation of that condition, even though you cannot recover for the pre-existing condition itself.
Because this legal principle may work in your favor as an injured person, the defendant’s attorney or insurance company may not mention it. In some cases, they may even try to use your pre-existing condition as a reason to deny you compensation. That is why, in nearly every case, it is best to hire an experienced attorney to help with your claim and to prevent the insurance company from taking advantage of you.
Also, remember that personal injury laws vary from state to state, so your attorney is in the best position to advise you on the specific details of your case.
I hope you find this information helpful and reassuring. A pre-existing condition does not automatically prevent you from recovering compensation for new injuries.
Call Negem & Worthington at (903) 595-4466 or click here for more information.