Understanding How Pre-Existing Conditions Affect Your Compensation

If you’ve been injured in an accident in Texas and have a pre-existing condition, you might wonder whether it will affect your ability to recover damages. The good news is that pre-existing injuries do not automatically prevent you from receiving compensation, but there are important rules and limitations to understand.

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How Texas Law Treats Pre-Existing Injuries

Texas law recognizes that plaintiffs may have prior injuries or conditions, but recovery is limited to the aggravation caused by the defendant's negligence. In other words, you are entitled to compensation for how much the accident worsened your pre-existing condition, not the underlying condition itself.
  • Courts require clear evidence to separate the effects of the accident from the natural progression of the pre-existing condition.
  • Juries are instructed to award damages only for the aggravation caused by the defendant, preventing confusion and unfair awards.
Case law reinforces this principle:

  • Bowles v. Lindley, 411 S.W.2d 751 – Courts emphasized the need to distinguish between pre-existing injuries and accident-related injuries.
  • Fibreboard Corp. v. Pool, 813 S.W.2d 658 – Plaintiffs may recover only for the increase in harm caused by the defendant.
  • Pedigo & Pedigo v. Croom, 37 S.W.2d 1074 – Jury instructions must limit awards to aggravation caused by negligence
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Burden of Proof for Aggravated Injuries


As a plaintiff, the burden of proof lies with you to show:


  1. The nature of your pre-existing condition.
  2. How the accident or the defendant's negligence aggravated that condition.
  3. The extent of additional harm caused by the accident.


Expert medical testimony is often essential to show the progression of your condition without the accident and to establish the causal link between the defendant’s actions and the aggravation of your injury (Tex. Civ. Prac. & Rem. Code § 81.05).


Once this link is established, the defendant may only argue how much of the injury is attributable to the pre-existing condition versus the accident. This ensures that damages are fairly apportioned.



The “Eggshell Plaintiff” Rule in Texas


Texas also follows the eggshell plaintiff rule, which means:


  • A defendant must take the plaintiff as they find them.


Even if your pre-existing condition makes you more vulnerable and the injuries are more severe than an average person would experience, the defendant is still fully liable for the damage caused. This protects plaintiffs whose prior injuries make them more susceptible to harm.


Statutory reference: § 81.05 Aggravation of Injury, § 294.57 Effect of Preexisting Injury or Condition.

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Practical Tips for Plaintiffs with Pre-Existing Injuries


  • Document your pre-existing conditions before and after the accident. Medical records are crucial.
  • Seek immediate medical care for the accident-related injuries to create a clear record of aggravation.
  • Work with an experienced Texas personal injury lawyer who understands how to prove the aggravation of pre-existing injuries.
  • Gather evidence such as expert testimony, accident reports, and witness statements to establish liability and damages.


By following these steps, you can ensure that you are fairly compensated for all harm caused by the accident, even if you had prior injuries.


Summary


Pre-existing injuries in Texas do not prevent you from recovering damages in a personal injury case. The law ensures that plaintiffs are compensated for aggravation caused by the defendant's negligence, while courts take steps to prevent confusion about unrelated pre-existing conditions. With proper documentation, medical evidence, and legal guidance, you can protect your rights and secure the compensation you deserve.


Injured in an accident and have a pre-existing condition? Contact Wyde & Associates now for a consultation and we’ll help you understand your rights and maximize your recovery for injuries caused or aggravated by the accident.

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