If you have a pre-existing condition and are injured in a car accident, you may be wondering: Can I still file a personal injury lawsuit? The answer is yes. Under Texas law, you can pursue compensation if your accident worsened an existing injury or condition.
In this blog post, we’ll explain what steps to take if your pre-existing injury was aggravated in a car crash, how to prove it, and how an experienced Houston car accident lawyer can help protect your rights.
What to Do If You Have a Pre-Existing Condition and Are Injured in a Car Accident
The first and most important step is to seek medical attention immediately after the accident. Even if your symptoms seem manageable or you weren’t taken to the hospital by ambulance, it’s critical that you visit an ER, urgent care, or your primary care doctor as soon as possible.
Prompt treatment helps:
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Document new or worsened symptoms
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Create a timeline connecting your injuries to the accident
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Show the severity of your aggravated condition
Follow all medical advice closely. Attend every appointment, including physical therapy and pain management sessions. Insurance companies and opposing attorneys will scrutinize your treatment history, and consistent care without gaps strengthens your case and justifies your medical expenses.
How to Prove a Car Accident Made Your Pre-Existing Condition Worse
To succeed in a personal injury claim involving a pre-existing condition, you’ll need strong evidence that the crash aggravated your injury. This includes:
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Medical records (before and after the accident)
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Imaging reports (e.g., MRIs, X-rays showing worsening)
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Accident scene photos
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Witness statements
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Police reports
An experienced personal injury attorney can help obtain and organize this evidence. For example, if you had a prior MRI showing a herniated disc and a new MRI shows a larger herniation or additional disc issues after the accident, this can demonstrate injury aggravation—a key element in winning your case.
Why Pre-Existing Conditions Don’t Disqualify You From Compensation
Insurance companies may try to argue that your pain was solely due to your pre-existing condition. However, under the “eggshell skull” rule in Texas personal injury law, they must take you as they find you—even if you were more vulnerable to injury.
This means that you can still recover damages if the accident caused your condition to flare up, worsen, or become more painful. With the right legal guidance and medical documentation, you can pursue a fair settlement or court award for your injuries.
Talk to a Houston Personal Injury Attorney Who Understands Pre-Existing Injury Cases
If your pre-existing condition was aggravated in a car accident, don’t let the insurance company deny your rights. Attorney Adam Miller, The Texas Bulldog, has the experience and grit to fight for the compensation you deserve.
Contact The Texas Bulldog today for a free case review. We’ll walk you through your legal options, evaluate your medical records, and build a case that holds negligent drivers accountable.
📞 Call 713-572-3333 — Adam Miller doesn’t just bark… he BITES.
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