A Pasadena Car Accident Lawyer Can Help Recover Damages from Health Conditions Made Worse in a Crash
If you've been in a car accident in Pasadena, you may be wondering if you can still recover damages if you have preexisting conditions. The short answer is yes — you can recover for injuries caused or worsened by the accident, even if you had prior medical issues. However, you typically cannot recover for conditions that existed before the crash and were not aggravated by it. A Pasadena car accident lawyer can help you protect your fair recovery.
Texas Law Allows Recovery for Aggravation of Pre-Existing Conditions
Under Texas law, a person who causes an accident is liable for any injuries or harm resulting from the crash, even if the victim had a preexisting condition that made them more susceptible to injury. The Texas Civil Practice and Remedies Code Section 41.0105 states, "In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant."
This means that you have the right to seek compensation for the full extent of the injuries and losses you suffered in the accident, including:
- Any new injuries caused by the crash
- Aggravation or exacerbation of preexisting conditions
- Medical expenses for treatment related to the new or worsened injuries
- Lost income if you couldn't work due to the injuries
- Pain, suffering, and reduced quality of life-related to the accident injuries
However, you cannot recover damages for medical conditions you had before the accident that were not worsened by the collision.
How to Value an Injury Claim Involving Pre-Existing Conditions
Valuing any car accident claim can be complex, but it becomes even more challenging when you have preexisting conditions. The insurance company may try to argue that all of your medical expenses and pain and suffering are due to your prior injury and not the fault of their insured driver.
To get fair compensation, you will need to clearly show what your health was like before the accident and how it changed after the accident. Some vital evidence in cases involving preexisting conditions includes:
- Medical records from before and after the accident
- Statements from your doctors explaining how the crash affected you
- Pay stubs showing lost wages
- A journal documenting your pain levels and physical limitations
- Photos of your injuries and how they have progressed
- Statements from friends or family about how your quality of life has changed
A Pasadena car accident lawyer will know how to present this evidence powerfully and persuasively to the insurance company or a jury. Your attorney can hire medical experts to testify about the full extent of the harm you've suffered and find experts to estimate your future medical needs and lost income. With this critical information, your lawyer can negotiate a settlement that fairly compensates you or fight for a favorable verdict at trial.
A Knowledgeable Pasadena Car Accident Lawyer Can Help You Navigate the Claims Process
Insurance adjusters often try to exploit unrepresented injury victims by making lowball settlement offers or denying valid claims. They may get you to make statements that hurt your case or sign away your rights.
When you work with a skilled Pasadena car accident lawyer, you have someone in your corner who can stand up to the insurance company and advocate for the total compensation you deserve. An attorney can help by:
- Thoroughly investigating the accident and gathering evidence of liability
- Working with medical professionals to document the extent of your injuries and get expert opinions about how the crash affected your preexisting conditions
- Handling all communications and negotiations with the insurance company so you can focus on your health
- Filing a lawsuit and fighting for your rights in court if a fair settlement can't be reached
Having a knowledgeable Pasadena car accident lawyer on your case can give you the best chance of getting the money you need to treat your injuries and move forward with your life.