In injury cases, people are often concerned about preexisting injuries or health conditions. In some cases, these injuries can be used against you, but what if your injury gets reinjured or your accident happened when you were already recovering from a prior injury?
There are two situations here: either the accident caused you an injury on top of a prior injury, or the accident caused your initial injury, which later got worse. If you suffer a new accident that made an old injury worse, you can recover for the extent that it got worse. If your injury is aggravated between the time of the accident and when you get compensation, some of that can be chalked up to pain and suffering, as long as you did not make things worse yourself.
For help with your injury case, call The Queenan Law Firm’s Dallas personal injury lawyers at (817) 476-1797.
Suing for Aggravating Preexisting Injuries
Accidents can happen to anyone. The fact that you are already injured or disabled often increases your chance of injury, and it would be unfair if you could not sue for these new injuries.
However, you cannot sue for injuries or conditions that predate the accident, just the extent to which the old injury was aggravated.
Eggshell Skull Rule
The standard rule in injury cases is that you take the plaintiff as they are. This means that you account for any preexisting injuries or conditions when determining the harm suffered.
This rule is called the “Eggshell Skull Rule” after the idea that even if the plaintiff is seriously fragile, with something like an eggshell-thin skull, the plaintiff would still be able to sue for the injuries they actually suffered. We do not compare the injuries to what a “normal” or uninsured person would suffer.
Extent of Further Damage/Aggravation
This means we have to measure how much damage or aggravation came on top of the prior injuries or conditions. You can only sue for those, not the injuries or conditions that predate the accident.
For example, imagine you already had a broken leg and were going to miss 6 weeks of work, then you re-broke it in a slip and fall. If you are now going to miss 8 weeks of work, only 2 weeks of the missed work are from this new injury.
Separating Preexisting and New Injuries/Conditions
Your medical records from before and after the accident can help us determine what is new (i.e., from this accident) and what was there before this accident. Then, our Houston personal injury lawyers can determine what damages are related to the new injury and sue for those.
Suing for Injuries that Get Worse After the Accident
Another scenario is that you are injured in an accident, and while you are healing, things take a turn for the worse.
Foreseeability
It is foreseeable that healing is not always a straight line. Sometimes injuries get worse before they get better.
Because this is foreseeable and predictable, it can be included in the damages you get from the initial injury.
Examples
Here are a few examples of the kind of worsening you may face between the time of the accident and the time you get paid for damages:
- Cuts and scrapes get infected, requiring antibiotics and potential hospitalizations.
- Stitches pop open, requiring you to get new ones or go back under for additional surgery.
- The initial surgical operation was unsuccessful, and additional operations are required.
- Medical complications or medical malpractice result in a condition that is worse than it could have been with proper care.
Original Defendant is Responsible
Whoever caused your injuries is responsible for all of the results, including these worsening conditions. As long as the harm is foreseeable, they have to pay for it.
Exception: Victim Makes Injuries Worse
However, if you are the one to make your injuries worse, the defendant is not responsible for the extent that you made things worse. This typically happens in a few ways:
- You negligently reinjure yourself
- You delay medical treatment
- You fail to follow through with all required medical care
- You are a noncompliant patient and don’t follow medical advice.
They may still be at fault for the initial injury, but less so for the resulting injuries/damages.
FAQs for Preexisting Injuries and Conditions in Texas Injury Cases
How Are Damages Affected by Preexisting Injuries?
If you did have preexisting injuries, you can still claim compensation for the injuries this accident caused. However, any damages that can be attributed to the prior injury are not claimable in the new accident case. This may reduce your damages overall.
Can You Sue if You Were Injured Because of a Disability or Prior Injury?
If a “normal” person would not have been injured in the same situation, then you may still be able to sue. Prior injuries and disabilities often make people more vulnerable to injury, but it may be an Americans with Disabilities Act violation or otherwise unreasonable danger if the defendant did not account for potential disabilities when caring for their property, etc.
For example, if a slip and fall would have been avoided if not for the fact that you had a broken leg in a walking boot, you can usually still sue.
Can You Sue for Reinjury?
If you suffer a new accident and reinjure yourself, such as by breaking a bone again, you may be able to sue for that new accident.
If you are already suing for the original accident and have no case for the new accident, you may also be able to chalk it up to pain and suffering. Reinjury – or at least the fear of reinjury – can sometimes be included in the foreseeable mental and emotional damages from the original injury case.
Call Our Personal Injury Attorneys in Texas for Help Today
If you were hurt in an accident, call the Austin personal injury lawyers at The Queenan Law Firm at (817) 476-1797.