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The Fostel Law Firm Dec. 7, 2021

According to the most recent statistics from the Department of Health and Human Services, about 50 to 129 million non-elderly Americans have some type of pre-existing medical condition. When involved in a negligent accident, your pre-existing medical conditions or injuries might have a substantial impact on the amount of damages you may recover. An experienced Texas personal injury attorney can evaluate your unique circumstances and enlighten you on how pre-existing medical conditions affect your personal injury claim.

At The Fostel Law Firm, I'm committed to offering experienced legal guidance and reliable representation to clients with pre-existing health conditions in their personal injury claims. As your legal counsel, I can review and investigate the circumstances surrounding your unique situation and explore your options to pursue damages. I will fight vigorously to protect your rights and help recover the financial justice you deserve. The Fostel Law Firm is a nationwide practice and is willing to review cases from any state for no charge.

What are "Pre-Existing Medical Conditions?"

A pre-existing condition can be described as a health problem – medical illness, disease, or injury – that existed before you were injured in an accident. Common examples of pre-existing medical conditions include:

  • Diabetes

  • Cancer

  • Sleep apnea

  • COPD - Chronic Obstructive Pulmonary Disease

  • Depression

  • Asthma

  • Extreme obesity

  • Lupus

  • Pregnancy

  • Chronic back pain

An experienced attorney can review the facts of your particular situation and determine how your pre-existing health condition could affect your personal injury claim.

How Do Pre-Existing Conditions Affect Personal Injury Claims?

Texas is an at-fault state. This means that the at-fault party (the person who caused the accident) may hold liability for medical expenses, property damages, and other accident related losses suffered by the accident victims. If you were involved in a negligent accident after being diagnosed with an existing injury or chronic condition, your situation might be more complicated.

To recover damages, you must prove that the at-fault party's negligent actions are currently affecting or worsening your pre-existing health condition or injuries. If successful with your personal injury claims, the insurance provider may have to pay for the damages caused by the incident and compensation for any pre-existing injuries.

The "Eggshell Plaintiff" Rule

The "eggshell plaintiff" rule is a phenomenon which applies to personal injury cases involving plaintiffs with pre-existing injuries or medical conditions. According to the rule, a defendant is liable for any injuries caused by the defendant's negligent actions, regardless of the sensitivity or weakness of the victim.

In a personal injury case, the eggshell plaintiff rule affects both the claimants and the defendants. Depending on the surrounding circumstances, plaintiffs may be categorized into:

  • Eggshell plaintiff – a person who is susceptible to injury or harm due to their health condition

  • Plaintiffs with pre-existing health conditions or injuries

A knowledgeable attorney can review your case and determine how best to proceed with your claim.

Work With a Trusted Personal Injury Attorney

Being involved in any kind of accident can be a difficult and emotional experience. Unfortunately, having an existing health condition can make it even more challenging to pursue your personal injury claim. Nonetheless, this doesn't have to derail your injury claim. You are still entitled to receive fair compensation to the degree that the accident has worsened your pre-existing condition. A skilled personal injury attorney can advocate for your rights and help pursue the compensation you deserve.

At The Fostel Law Firm, I have the experience, diligence, and resources to help you hold those liable for your injuries accountable. As your legal counsel, I will evaluate all of the facts of your unique situation and seek to prove that your condition was caused or worsened by the defendant's negligent actions. I will fight compassionately to protect your rights and attempt to recover fair compensation for what you’ve suffered.

If you have been injured while experiencing a pre-existing medical condition, contact my firm – The Fostel Law Firm – today to schedule a simple case assessment. I can offer you the detailed advocacy you need in your personal injury case. My firm is proud to serve clients in Houston, Texas, and the Southeast New Mexico area.