You can get compensated for a brain injury even if you had a pre-existing condition that made you more susceptible to trauma. This holds true whether you are seeking compensation by suing the guilty party, making an insurance claim, or by filing for workers’ compensation. However, brain injury cases that involve pre-existing conditions can be complicated, and may require more effort to result in an optimal outcome for you and your family.
If you have questions about pre-existing conditions in brain injury cases, call the Houston traumatic brain injury lawyers from The Krist Law Firm, P.C. at (281) 283-8500 for a free case consultation.
The Eggshell Skull Rule Protects You
According to the eggshell skull rule, you are entitled to compensation in a personal injury case regardless of how fragile or vulnerable you are. Thus, if you have a pre-existing condition and a brain injury makes it worse, you can still obtain compensation.
Texas may have adopted the eggshell skull rule, but some unscrupulous insurance companies or employers may try to deny your compensation because of your pre-existing condition. If your claim has been denied, a Houston personal injury lawyer can help. Legally, you should be entitled to compensation for your:
- Medical costs
- Loss of earning capacity
- Physical pain
- Mental anguish
- Physical limitations
Do Not Try to Hide Your Pre-Existing Condition
Since the law is on your side, there is no reason to hide a pre-existing condition. In fact, any attempt to hide it might severely harm your case’s chance of success. If you are dishonest about your pre-existing condition to begin with, the claims adjuster – or the jury in a civil trial – might believe you are lying about your new injuries too.
Most lawyers recommend that you be as upfront as possible about your pre-existing conditions. Provide documentation that describes the extent of these ailments. This will give you the necessary context for showing how your brain injury has aggravated these conditions. Overall, your case will need detailed documentation regarding how you will suffer because of the aggravating injury.
Hire a Medical Expert and Obtain Objective Evidence of Your New Injuries
An insurance company might believe you are faking your brain trauma unless you have an MRI or CT scan to back it up. This, and documentation from all of your medical visits addressing the brain injury, allows you to document your injuries.
To further substantiate your claim, you and lawyer may need to enlist the help of a medical expert. The medical expert will analyze your entire medical history, overview the scientific literature pertaining to your condition, interview you, and then offer detailed testimony about how your recent brain injury has affected your life. The medical expert’s opinions must be based on a reasonable level of certainty, and their testimony may be subject to cross examination.
Get a Houston Personal Injury Lawyer on your Side
If you are suffering from the effects of a brain injury, you are probably in no condition to handle the complexities of a claim involving a pre-existing condition on your own. To make matters worse, the at-fault party’s insurance carrier may call you to get a recorded statement. You are under no obligation to make a statement, and should avoid doing so. You might say something that the insurance company could use to deny your claim or reduce your settlement.
An experienced Houston personal injury can stand between you and the insurance companies while you focus on getting better. At The Krist Law Firm, P.C., we do not rest until our clients have been fairly compensated for their injuries. Do not let pre-existing conditions in brain injury cases prevent you from fighting for the compensation you deserve.
Contact us today at (281) 283-8500 for a free case consultation.