When you’ve been in a car crash, motorcycle wreck, or truck accident, the last thing you want to hear is that your past injuries might lower your compensation. But that’s exactly what insurance companies try to do.
They often claim your pain or symptoms were already there before the accident. That’s why it’s important to understand how pre-existing conditions work in a personal injury case and how to protect your legal rights.
In this blog, we’ll break it down in plain language. Whether you’re searching for a personal injury attorney near me or just trying to make sense of your options, this guide will help.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is a Pre-Existing Condition?
A pre-existing condition is any health problem or injury you had before the accident. This can include:
- Old back or neck injuries
- Past surgeries
- Arthritis or joint problems
- Chronic pain
- Previous concussions or head injuries
You don’t lose your right to file a personal injury claim just because you have a pre-existing condition. But how that condition is handled in your case can affect the outcome.
The Eggshell Rule: You Are Still Protected
Texas follows what’s known as the “eggshell skull rule.” This means the at-fault person is still responsible for your injuries, even if your body was more vulnerable than someone else’s.
In simple terms: they must take you as you are. If the accident made your condition worse, that’s part of your claim.
For thoughtful, trial-tested representation from someone who truly understands what injury victims face, contact Attorney Matthew T. McLain at Turner-Monahan, PLLC.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance adjusters often try to deny or reduce your claim by saying:
- “Your pain was already there.”
- “The accident didn’t cause your injuries.”
- “You were already in treatment for this problem.”
That’s where having the right personal accident lawyer makes a difference. An experienced attorney knows how to gather the right medical records, speak with doctors, and push back against these tactics.
What You Can Claim if You Had a Pre-Existing Condition
You may still be entitled to compensation for:
- New injuries from the accident
- Worsening of your pre-existing condition
- Medical bills (including emergency care and ongoing treatment)
- Lost wages
- Pain and suffering
A skilled injury attorney will work to prove how the accident made your health worse, even if you had issues before.
Real Example: Pre-Existing Back Injury Made Worse by Crash
Imagine someone has mild lower back pain from an old job injury. One day, they get rear-ended by a commercial vehicle. The pain becomes constant. They now need physical therapy and can’t sit for long hours.
Even though the back was already weak, the accident made it worse. A personal injury lawyer can help show that new damage occurred, or that the old condition was aggravated.
Why You Need the Right Lawyer
Not all law firms know how to handle pre-existing injuries in a way that helps your case. You need someone experienced with truck injury lawyers, motorcycle accident attorneys, and personal injury firms near me who:
- Understand how to build your medical timeline
- Work with the right medical experts
- Are not afraid to go up against big insurance companies
At Turner Monahan, we’ve helped many clients with old injuries get the full compensation they deserve.
Common Types of Accidents We Handle
We work with clients injured in all types of crashes, including:
- Car accidents
- Motorcycle accidents
- Truck and 18-wheeler crashes
- Commercial vehicle wrecks
- No-fault accidents
- Bike crashes and pedestrian injuries
If you’re searching for a motorcycle accident injury attorney or a commercial truck accident law firm, we’re here to help.
Whether it’s a car accident, defective product, or serious injury, Matthew T. McLain brings the skill and compassion you need. Reach out today to discuss your case.
Protect Your Case from Day One – Talk to Turner Monahan PLLC
Having a pre-existing condition does not cancel out your rights. In fact, if the accident made your condition worse, that matters and should be part of your injury claim.
The key is having the right lawyer on your side. Someone who listens, understands your medical history, and fights for your full compensation.
Schedule a free, no-obligation consultation with our Fort Worth personal injury attorneys, Tyler Monahan or Matthew McLain, to discuss your case and explore your options. Let us help you achieve the justice and compensation you deserve.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
