Sometimes people injured in an accident are of the incorrect belief that a prior injury or preexisting condition may diminish any personal injury claim that they may have concerning the recent accident. If you suffer an injury to an area that has previously been an issue, it may, in fact, make your case even stronger.
When you are injured in an accident, the legal system affords you the opportunity to bring a claim for the damages caused by such injury including things like medical bills, lost wages, and pain and suffering. But what about when the injured body part was already in a weakened state prior to the accident?
Awarding for Aggravated Injuries
The good news about awarding damages in Texas is that the law allows for the individual who is injured to recover for their injury to the level it is aggravated or exacerbated from where its previous status. Put simply, while an individual cannot recover for a condition from which they were already suffering, they can recover for any worsening of that condition that resulted from the accident in question.
This is extremely important, since certain injuries are manageable until they are exacerbated at which point, they become life-changing and intolerable. It may seem extreme, but even a simple accident can push a prior injury over the edge. For instance, someone who battled anxiety and depression may end up with debilitating depression after suffering a scary accident.
The Eggshell-skull Rule
This point of view to protect the weak as much as the strong is known as the eggshell-skull rule. This rule stems from an old English case in which the plaintiff was allowed to recover damages for a skull fracture even though their skull had already been unusually thin and therefore weaker, prior to the accident.
The most important element of receiving an award of damages is to be able to prove that the pre-existing condition was, in fact, aggravated by the accident. The injured individual must be able to use medical testimony, imaging, records, and other evidence to prove that their condition after the accident is worse than before it. A qualified personal injury attorney can help you to do just that.
The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident
If you or a loved one has been injured in an accident due to the recklessness or negligence of another, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.
At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
