Minor Vehicle Damage? You May Still Have a Personal Injury Case
It’s common for insurance companies to argue that if the damage to your vehicle is minor, your injuries must also be minor. This is a standard tactic, but it is not always accurate. Even collisions that seem small can result in serious injuries, some of which may not appear immediately. Medically, it is well known that shock or adrenaline during an accident can mask pain and other symptoms, which sometimes only develop days or weeks later. Swelling, stiffness, or other hidden injuries may emerge after the initial impact, making even minor collisions potentially life-changing.
Texas law recognizes that some individuals are more susceptible to injury than others. The “eggshell skull” rule holds that if a person has a preexisting condition or vulnerability, and an accident exacerbates it, the at-fault party is fully liable for the resulting injuries. The concept comes from the tale of Humpty Dumpty: if a normal person is pushed off a low wall, they may escape unharmed, but someone more fragile could be seriously injured. Likewise, a minor accident could cause significant harm to someone with prior injuries or a particularly delicate condition, entitling them to full compensation for medical expenses, lost wages, pain and suffering, and other damages.
Consulting an experienced personal injury attorney after any accident—regardless of vehicle damage—is critical. An attorney can review your medical records, document your injuries thoroughly, and ensure that the insurance company cannot minimize or dismiss your claim. They will also advise you on your legal rights and help maximize your compensation for both current and future medical treatment, lost wages, and non-economic damages like pain and suffering.