Handling Pre-Existing Conditions After a Car Accident

Handling Pre-Existing Conditions After a Car Accident in El Paso, Texas: Your Guide to Compensation and Recovery

Car accidents are common in El Paso, Texas, a busy city near the border with heavy traffic. If you have a pre-existing condition, like an old back injury or arthritis, you might worry about how it affects your claim. Many people fear that their past health issues will stop them from getting help after a crash. But Texas law has rules to protect you. This article explains what to do if a car accident worsens your condition. We will cover the “eggshell skull rule,” how to get money for your injuries, dealing with insurance, and finding care in El Paso.

Pre-existing conditions are health problems you had before the accident. These could be things like chronic pain, diabetes, or a past fracture. When a crash occurs, it can exacerbate these issues. For example, if you have mild back pain, the impact could escalate to severe pain requiring surgery. In El Paso, where roads like I-10 see frequent collisions, knowing your rights is essential.

Understanding the Eggshell Skull Rule

The eggshell skull rule is a significant part of Texas law in accident cases. It says that the person who caused the crash must pay for all the harm they did, even if you were more fragile because of a pre-existing condition. Think of it like this: if someone has a thin skull like an eggshell and they get hit, the hitter can’t say, “I didn’t know they were weak.” They still pay for the full amount of the damage.

In Texas, this rule helps people get fair treatment. It comes from old court cases and is used in jury instructions. The rule applies to both physical and mental health issues. For instance, if you had anxiety before, and the accident worsens it, you can claim that too. But you are only paid for the new or worsened harm, not for the old problem itself (Smith & Hassler, n.d.). The rule makes sure the at-fault driver takes you “as they find you.”

Here are some examples of how the rule works:

• If you have brittle bones and the crash causes a serious fracture, the driver pays for all treatment.
• For back issues like degenerative disc disease, if the accident speeds up the pain, you can seek money for extra doctor visits and lost work.
• Mental conditions, like past trauma, can lead to more emotional pain after a crash, and that’s covered too.

This rule is strict in Texas courts. It prevents insurance companies from fully blaming your past health. But you need proof that the accident caused the change.

Can You Get Compensation If Your Condition Worsens?

Yes, you can get compensation in El Paso if a car accident worsens your pre-existing condition. Texas law lets you claim for the aggravation, which means the extra harm caused by the crash. You don’t get money for the condition as it was before, but for how much worse it got. This includes new pain, more medical bills, and time off work.

To win, you must show causation. That means proving the accident directly led to its worsening. Doctors’ notes and tests help a lot. For example, compare pre- and post-X-ray images to show new damage (Reyes Law, n.d.). Insurance might say the problem would have gotten worse anyway, but strong evidence refutes that.

Common compensations include:

• Medical costs: Bills for new treatments, therapy, or surgery.
• Lost wages: Money you couldn’t earn because of more pain or limits.
• Pain and suffering: For the extra hurt and stress.
• Future care: If deterioration requires long-term support.

In Texas, you have two years from the accident to file a claim. Don’t wait, or you’ll lose your chance (Gutierrez Law, n.d.).

How Insurance Companies Try to Limit Payouts

Insurance companies in Texas often fight claims with pre-existing conditions. They want to pay as little as possible. They might dig into your old medical records to say your pain is from the past, not the accident. Alternatively, they might argue that your condition is simply a natural progression, similar to arthritis.

They use tricks like:

• Asking for too many records, even from years ago.
• Sending you to their doctors who downplay the harm.
• Offering quick, low settlements before you know the full damage.

Don’t sign anything without help. A lawyer can stop them from twisting facts. Texas follows a comparative fault system, meaning that if you are found to be partially at fault, your payout will be reduced. But the eggshell rule protects against full denials (GDL Firm, n.d.).

In El Paso, local insurers know the roads and common crashes. They might say I-10 traffic made you at fault. Fight back with police reports and witnesses.

Steps to Take Right After the Accident

If you’re in a car accident in El Paso with a pre-existing condition, act fast. Your actions help build a strong case.

Here is what to do:

• Get medical help right away: Even if you feel okay, see a doctor. Tell them about your old condition and new pains.
• Report the crash: Call the police for a report. It proves what happened.
• Take photos: Of the scene, cars, and any visible injuries.
• Note witnesses: Get their info for statements later.
• Don’t talk much to insurance: Say little until you have a lawyer.

Document changes in your health. Keep a journal of pain levels, what you can’t do anymore, and doctor visits. This record shows how the accident worsened the situation (St. Louis Injury Law, n.d.).

Documenting Your Injuries and Building Evidence

Good records are key to winning compensation. Start with your pre-accident health files. These show your baseline, such as how severe your back was before. Then obtain post-accident tests for comparison.

Ways to build evidence:

• Medical records: From all doctors, including notes on how the crash affected you.
• Expert opinions: Doctors can testify that the accident caused the aggravation.
• Personal logs: Track daily symptoms, such as increased headaches or difficulty walking.
• Work proof: Notes from your job on missed days or lighter duties.

In Texas, courts like clear timelines. Use photos, bills, and statements to prove losses. If you had a stable condition before, that’s strong proof (No Bull Law, n.d.).

For mental health, keep therapy notes. The eggshell skull rule also covers emotional worsening.

Seeking Specialist Care in El Paso

In El Paso, finding the right care after a crash is essential, especially for individuals with pre-existing conditions. Clinics that specialize in auto injuries can help document your case and support your recovery.

Consider chiropractic care for soft-tissue and spinal issues. It’s non-invasive and helps with pain without drugs. For example, treatments such as adjustments and therapy reduce inflammation and improve mobility (Foundation Chiropractic, n.d.).

Dr. Alexander Jimenez, DC, APRN, FNP-BC, in El Paso, has over 30 years of experience. He specializes in car accident injuries and pre-existing conditions. His clinic uses chiropractic, functional medicine, and therapy for whiplash, back pain, and chronic issues like sciatica or arthritis. Patients report significant improvements, such as less pain after accidents. He focuses on root causes, using tests and plans tailored to you (Jimenez, n.d.). His background includes certifications in functional medicine and trauma, making him ideal for complex cases (Jimenez, n.d.).

Other options include combined doctor-chiropractor care for full checks (Comprehensive Accident and Injury Center, n.d.). Always choose places that document for claims.

Types of Recoverable Damages

You can claim different damages in Texas. These cover money losses and other harms.

Economic damages:

• Medical bills: Additional treatments due to worsening condition.
• Lost income: Pay from missed work.
• Future costs: Long-term care if the condition is now permanent.

Non-economic damages:

• Pain and suffering: For physical and emotional hurt.
• Loss of enjoyment: If you can’t do hobbies anymore.
• Mental anguish: Extra stress from the change.

In rare cases, punitive damages may be awarded if the driver is found to be reckless. Settlement amounts vary. Minor worsening may result in less, but severe changes, such as the need for surgery, increase value (Siegfried & Jensen, n.d.).

Challenges and Tips for Success

Claims with pre-existing conditions are tricky. Insurers might deny coverage by asserting that no aggravation occurred. Or they claim it’s all degeneration.

Tips to win:

• Be honest: Tell your doctor and lawyer everything.
• Get a lawyer early: They handle talks and build your case.
• Avoid social media: Posts showing you are active might hurt credibility.
• Follow the treatment plan: Skipping appointments reflects poorly.

In El Paso, local lawyers know Texas rules well. They can use the eggshell rule to fight for you (BHW Law Firm, n.d.).

Conclusion

Dealing with pre-existing conditions after a car accident in El Paso doesn’t have to be scary. The eggshell skull rule protects your right to compensation for worsening harm. Get medical help fast, document everything, and seek experts like Dr. Jimenez. With solid evidence, you can fight insurance and recover what you deserve. Remember, Texas law is on your side if you prove the accident caused the change.

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References

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