Can a Previous Injury Affect My Car Accident Settlement?
Car accidents are traumatic events that can result in a variety of injuries, ranging from minor cuts and bruises to severe and life-altering conditions. If you have a pre-existing injury or condition at the time of a car accident, you might be wondering how this might impact your settlement. In this blog post, we’ll delve into the ways a prior injury can influence a car accident settlement and how to navigate these complexities to ensure you receive the compensation you deserve. Understanding Pre-Existing Injuries and Car Accidents When assessing damages in a car accident, insurance companies and courts consider the extent of injuries caused by the accident. However, if you had a pre-existing condition, they might argue that your injuries were not entirely caused by the accident. This can lead to reduced compensation or even outright denial of your claim. Pre-existing injuries include any medical condition you had before the accident, such as: Chronic back pain Previous surgeries Arthritis Degenerative disc disease Previous fractures The key question is whether the car accident aggravated or worsened your pre-existing condition. The “Eggshell Plaintiff” Doctrine In Texas and many other jurisdictions, there’s a legal principle known as the “eggshell plaintiff” doctrine. This doctrine states that a defendant must take the plaintiff as they find them. In other words, even if you had a pre-existing condition, the defendant is responsible for any additional harm caused by their negligence, regardless of your fragility or predisposition to injury. This doctrine means that even if you had a pre-existing injury, you can still pursue compensation if the car accident aggravated or exacerbated that injury. However, proving this can be complex. Proving Aggravation of a Pre-Existing Injury To establish that a car accident worsened your pre-existing condition, you must provide compelling evidence that clearly demonstrates the cause-and-effect relationship