Can You Recover Compensation in a Personal Injury Claim With a Pre-Existing Condition?
If you have a pre-existing condition and are involved in a car accident, slip and fall, or other type of incident, your condition may worsen and require treatment. While you may assume you cannot receive compensation if you have a pre-existing condition, Texas law allows personal injury victims to pursue damages if the accident aggravated your issue. At The Law Firm of Chaile Allen, we can help you build a strong claim that proves the liable party’s negligence exacerbated your pre-existing condition.
When working with Chaile Allen, you can focus on recovery while Chaile handles every aspect of your claim with the utmost care and attention. We provide more than just representation with our network of local resources and extensive local knowledge that gives you the best chance of achieving a successful outcome. Chaile Allen works closely with you to accurately determine the extent of your losses and protect your best interests every step of the way.
What Is the Eggshell Plaintiff Rule in Texas?
In Texas, personal injury victims pursue compensation through the at-fault party instead of their own insurance, and liable parties must accept victims as they find them under the “eggshell plaintiff” rule. This means if the party that caused the accident and your injuries aggravated a pre-existing condition, they are responsible for the full extent of your injuries. This rule prevents you from getting unfairly denied compensation because you are more vulnerable to certain injuries.
For example, if you have a pre-existing neck issue and you suffer whiplash in a car accident, you may experience additional pain and suffering because the crash worsened your issue. Chaile Allen may use the “eggshell plaintiff” rule and supporting evidence to fight for your rights and negotiate for the compensation you deserve.
How a Lawyer Can Help Prove Your Personal Injury Aggravated Your Pre-Existing Condition
In addition to the “eggshell plaintiff” rule, The Law Firm of Chaile Allen works hard to gather evidence that demonstrates the liable party neglected their duty of care, caused the accident, and exacerbated your pre-existing condition. We conduct a thorough investigation to collect and analyze the following information to build a strong claim:
- Medical records
- Police report
- Witness testimony
- Expert statements
- Scans and x-rays
- Blood test results
With this evidence and our strong negotiation skills, you may recover economic and non-economic damages. No matter how complex your claim is, we have the local connections, vast knowledge, and advanced skills to fiercely advocate for just compensation for your aggravated pre-existing condition.
Contact The Law Firm of Chaile Allen to Learn More About Your Personal Injury Claim
Suffering personal injuries can be overwhelming, especially if you have a pre-existing condition. You may worry about receiving compensation and insurance companies undermining your claim. Fortunately, The Law Firm of Chaile Allen is here to help fight for your rights and achieve a fair settlement using the “eggshell plaintiff” rule and the evidence we gather during our detailed investigation.
We are a small, local Texas firm that takes a hands-on approach with all victims we work with, taking the time to listen to your story and create a personalized plan tailored to your needs. With our 15 years of experience and commitment to helping you achieve maximum compensation, you can trust us to guide and support you through every stage of your claim. This way, you can focus on recovery with the peace of mind that your case is in the right hands. To schedule a free consultation, call us at (325) 670-9282 or fill out our contact form.