Car Accidents, Personal Injury
Posted by: Kemmy Law Firm
Car accidents come out of nowhere. And you should not be blamed if a negligent driver caused you harm, especially if their actions worsened a medical issue or injury you were already dealing with before the collision.
Fortunately, the law allows you to recover compensation for the aggravation of a previous injury or condition. But insurance companies don’t make it easy. Insurance companies are looking to limit their liability, so they are diligent about discovering pre-existing conditions and disallowing compensation.
So if you’re in an accident and aggravated a pre-existing injury, contact Kemmy Law Firm for help. Whether you need a car accident lawyer in Hobbs, NM or an auto accident attorney in Odessa, TX, we understand personal injury law and know how to fight the insurance companies, so you are fairly treated.
Contact us 24/7 for a free consultation by calling (210) 750-1019 or use our online form.
There’s lots of talk about pre-existing conditions in the health insurance space. Typically this refers to chronic conditions that someone has and will continue to need coverage for if they switch insurers. When it’s used in the personal injury space, “pre-existing conditions” means any injury, illness, or condition you had prior to the accident.
Insurance companies will try to find as many pre-existing conditions as possible and argue against compensating you for them. How will they know if you have any? You must disclose any pre-existing conditions to the doctor treating you after a crash and when asked during the information gathering phase of a personal injury claim.
Some people may consider lying about pre-existing conditions, thinking they won’t get compensated for their injuries otherwise. Absolutely do not do this.
Even with pre-existing conditions you can receive compensation if they are aggravated or made worse. For example, if you had a neck injury that required pain medication and physical therapy, but after the accident you needed surgery for it, compensation would be required to pay for the surgery and other damages stemming from it.
Remember, too, that in Texas and New Mexico there is the “eggshell rule” in personal injury cases. This means that the negligent party must take the victim as he is found. So even if the person suffers greater injuries because of pre-existing conditions than someone would have without them, the damages are still the responsibility of the at-fault party (and his insurer).
Unfortunately, through experience, we know that there are some conditions that are consistently made worse from car accidents. These include:
Neck, Back and Spinal Cord injuries: Injuries involving the neck, back, and spinal cord are often chronic and degenerative. Should you suffer from these and then are in a car crash, basic physics likely means the conditions will be aggravated because of the force of the impact.
Brain and Head Injuries: Those with pre-existing brain and head injuries can be catastrophically impacted by a car accident that aggravates this pre-existing condition. If you or a loved one already suffered from a traumatic brain injury (TBI) the re-injury risk is high and consequences can be long-lasting or even permanent.
Insurance companies won’t pay for your previous injury. But what they must do is pay for injuries caused by their at-fault policyholder. This includes making any conditions you have at the time of the accident worse. When a pre-existing condition is involved, some insurers try to dig in and make recovery harder. That’s why you need the experienced personal injury attorneys at Kemmy Law Firm to represent you.
With over 50 years of combined legal experience and millions recovered, we know how to pursue fair compensation for everything that you endured.
With offices in San Antonio, Midland-Odessa, and Hobbs, NM, we will listen to your story and give you a realistic assessment. Call (210) 750-1019 today. There’s no risk in calling because we offer free initial consults, and are only paid when you recover compensation.
Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.
When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.
