Pre-Existing Conditions and Personal Injury Claims in Texas
Getting into an accident can have dramatic impacts on your life, but when you have a pre-existing condition, the accident can be even harder to recover from. Like it or not, pre-existing conditions can complicate your personal injury case and knowing what to expect from the process from the beginning can help you better prepare for your consultation with your Texas personal injury attorney. Let’s take a closer look.
What Is a Pre-Existing Condition?
A pre-existing condition is a diagnosed medical condition or injury that you had prior to your accident. These conditions can influence the way you recover from injuries sustained in a car accident or other similar event, and on the surface, can complicate your personal injury case. Pre-existing conditions may make it harder to identify the full extent of your injuries resulting from the accident or the ways in which the accident have negatively affected your life.
However, since pre-existing conditions are relatively common, your Texas personal injury attorney should be able to create a plan that shows the court the true extent of your injuries caused by your accident.
How Pre-Existing Conditions Impact Personal Injury Claims
Ultimately, pre-existing conditions make it harder for your attorney to clearly show the severity of your injuries caused by the accident. However, just because it’s harder doesn’t mean it’s impossible. You’ll need to work with an attorney who is familiar with representing individuals with pre-existing conditions and who has the network needed to find specialists who can testify to your condition after the accident.
What to Do to Strengthen Your Case
Working with an experienced Texas personal injury attorney is essential for any personal injury case, but if you have a pre-existing condition, it’s even more important. They’ll be able to guide you through the legal process and can give you legal advice quickly so you know how to proceed at each step. But there are still a few things you can do to strengthen your case and set yourself up for success.
Document Everything You Can
Showing how your health has been impacted as a result of the accident can make your claim stronger and may sway the court in your favor. Be sure to document how you feel, any changes in your well-being no matter how minor they seem, any new diagnoses, and other similar factors. The more information you can give to your attorney, the easier it will be for them to show how your accident has altered your life and damaged your health.
Ask Your Doctor for Medical Records Documenting Your Current Health
Your attorney should ask for medical records documenting your pre-existing condition as well as any changes in your health or injuries sustained from the accident. Contact your doctors and ask for copies of your medical records. If you received treatment at an urgent care or emergency room following the accident, contact the hospital or facility and ask them to send you a copy of any results, doctors’ notes, and other documentation. The more information you can provide, the better. Your attorney will be able to sort through the information to figure out what’s important and what needs to be included in your case.
Be Ready to Work With an Expert Witness
Expert witnesses in personal injury cases are doctors or medical care providers who can explain how the accident impacted your life, the injuries you sustained, and the conditions you had prior to the accident. Be prepared to work with an expert witness as part of your case. Don’t worry—your attorney will help you find a qualified professional to lend credence to your claims.
Don’t Let a Pre-Existing Condition Keep You From Filing a Lawsuit
If you’ve been in an accident but have a pre-existing condition, you may still be eligible to file a lawsuit against the responsible party. But you’ll need an experienced Texas personal injury attorney by your side to represent your case in court. Contact the Law Office of Sandy McCorquodale P.C. today to schedule a free consultation.