Pre-Existing Injuries and Your Personal Injury Claim

A person’s pre-existing condition may make them more susceptible to injury in an accident. However, that doesn’t mean the injured party is less entitled to compensation. Fortunately, there’s a principle in Texas civil law that allows you to pursue a personal injury claim even with a prior condition. This is commonly referred to as the eggshell skull rule. The eggshell skull rule is a legal doctrine that applies to all personal injury claims and states that the negligent party must take the victim as he or she finds them.

This doctrine makes the negligent party legally responsible for all resulting consequences and prevents them from using the victim’s pre-existing condition to avoid liability in a crash caused by them. A pre-existing condition or injury can refer to any known illness, injury, or health condition that existed prior to an accident.

It is important to note, however, that although the negligent party is responsible for damages caused to an eggshell plaintiff, the law only requires compensation to the extent that any pre-existing condition was aggravated or made worse by the accident. Often, proof of the aggravation comes from a doctor’s testimony.

The application of this doctrine ensures full compensation for all damages that proximately result from the defendant’s negligent acts helping restore the victim to the condition they were in had the accident not occurred. No victim should hesitate to contact an attorney if they were injured due to someone else’s negligence, regardless of the state of their health or pre-existing injuries before an accident.

If you or someone you love has been injured as a result of someone else’s negligent acts, contact an experienced attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 244-5470 or 1-888-261-9018 for your free consultation. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest-standing personal injury firm in Texas, and our attorneys are standing by to assist with your claim.