Can My Past Injuries Affect My Claim?

Many people have pre-existing injuries or conditions that may be aggravated by a car collision. You may be wondering how this can affect your claim. If you have already spoken with an insurance adjuster, they likely have attempted to minimize your injuries or allege that the injuries you now complain of are not from this collision, but from some old accident or injury.

A negligent driver is responsible for the injuries he or she caused, even if that part of your body has been injured before. An experienced personal injury attorney will be able to present your claim to show that your prior condition was aggravated or worsened as a result of the negligent driver.

In Texas, the Eggshell Doctrine protects personal injury victims who have prior injuries. “A tortfeasor takes a plaintiff as she finds her.” See Coates v. Whittington, 758 S.W.2d 749, 752 (Tex. 1998). Essentially this means the defendant may be liable of the aggravation of a pre-existing physical condition. A negligent driver doesn’t get to choose a plaintiff in perfect physical condition.

It is best to disclose any previous injury to both your treating physician and your personal injury attorney so that you may get the correct medical treatment you need and so your attorney may begin preparing your claim under the Eggshell Doctrine.

Because pre-existing injuries complicate your claim, it is best to speak with an experienced personal injury attorney right away to make sure that your past injuries are not being used by the insurance company as an excuse to deny your legitimate claims.