How Preexisting Injuries Affect Your Personal Injury Case in Texas

Insurance companies often try to place the blame for your injuries entirely on preexisting conditions, arguing that your current accident didn’t cause significant harm. They may claim that your symptoms were caused by prior issues rather than the accident itself, in an effort to reduce or deny your compensation.

Texas law, however, protects you under the “eggshell skull” rule. If you have a preexisting condition or vulnerability and an accident aggravates it, the at-fault party is fully responsible for all resulting injuries. Even if the collision was minor or your vehicle damage was limited, you are entitled to full compensation for medical bills, lost wages, pain and suffering, and other damages caused or worsened by the accident.

Having an experienced personal injury attorney is crucial in these cases. They can review your medical records, document the aggravation of prior injuries, and counter insurance tactics designed to minimize your claim. Attorneys also help ensure that your claim reflects the full value of your injuries, including current and future medical care, lost income, and non-economic damages like pain and suffering.