Navigating a San Antonio TX Car Accident Claim with Pre-Existing Conditions

If you have a pre-existing medical condition and you have recently been injured in a car accident, then the path toward justice and compensation may be impeded by bad-faith actors attempting to blame your condition for your injuries. Luckily, all San Antonio, Texas, crash victims are afforded substantial protections against these types of arguments.

With the help of an experienced lawyer, like one of the San Antonio car accident attorneys at Carabin Shaw, you can rest assured that you will receive the maximum compensation you are owed. To find out more about how we can help you, just call 800-862-1260 for a free consultation!

Texas personal injury law provides some distinct protections for victims with pre-existing conditions who are injured in car accidents. One important example is the “eggshell plaintiff doctrine”. This rule establishes that, even if a pre-existing condition made you more vulnerable, negligent parties are responsible for the full extent of harm caused to you.

The “substantial factor test” is another rule in San Antonio, Texas law that protects your rights. This rule establishes that you must prove your accident was a substantial factor in aggravating your injury, and it is not necessary to prove that your accident was the sole cause of your injury.

Finally, it is important to understand Texas’s “modified comparative fault rule”. This rule states that victims with partial fault for their own accident can still pursue lawsuits as long as they are less than 51% liable.

Proving causation in a San Antonio car wreck relies heavily on gathering an abundance of relevant evidence. An attorney can help gather evidence on your behalf, making this process easier for you. Some common types of evidence that are relevant to pre-existing injury accident cases include:

• Documentation of your condition pre- and post-accident
• Medical records
• Medical expert testimony
• Photo/ video evidence
• Witness statements
• Employer documentation

It is important to remember that insurance companies and civil lawsuit defendants are primarily motivated to minimize their expenses. These parties often:

• Claim your injuries stem from your pre-existing condition
• Minimize the impact of your accident
• Delay or offer low-ball settlements

Luckily, with a good lawyer on your side and a strong understanding of the legal precedents and important evidence we have already discussed, these tactics can be easily countered. Medical documentation can be used in combination with expert witness testimony to demonstrate how your condition was aggravated.

Accident victims with pre-existing conditions tend to find themselves in desperate need of compensation to assist with their recoveries. The assistance of an aggravated injury car accident lawyer is key in ensuring your case is strong and you receive the maximum compensation you are owed. Working with a local lawyer has additional benefits, as they will not only be more readily available to you but also have a deeper familiarity with local laws and officials.

Your attorney can even negotiate your insurance claims, handle correspondence on your behalf, and provide emotional support. By taking this type of busywork off your plate, your attorney will allow you to focus more of your energy on your recovery. Additionally, the work of your lawyer will help ensure that you do not miss the two-year statute of limitations on civil lawsuits.

At Carabin Shaw, we have over three decades of experience winning cases for injured Texans like you. We know the law, and we will not let insurance companies or civil defendants use your pre-existing condition against you. To hear from the clients we have already helped, just check out our client reviews page.

Next, take advantage of our free case review offer by calling us toll-free at 800-862-1260. Our English and Spanish-speaking staff is available 24/7 to take your call. To make it even easier to get started, we offer our services on a contingency-fee-basis. That means that we will not collect any payment until we win your case. Do not wait to start on the path to the justice and compensation you deserve. Call Carabin Shaw today!

For more information:

• Texas Statutes 33
• Texas Statutes 16