Navigating Car Accident Claims and Pre-Existing Conditions

Navigating Car Accident Claims in El Paso, Texas: Understanding Pre-Existing Conditions and the Eggshell Skull Rule

Car accidents happen every day in El Paso, Texas. They can cause new injuries or worsen existing ones. Many people worry if a pre-existing condition, like an old back problem or arthritis, will stop them from getting help after a crash. The good news is that Texas law protects you. You can still seek money for injury even if you had health issues before. This article explains the rules, what you can claim, and the steps to take. It focuses on the “eggshell skull rule” and why seeing a doctor right away matters, especially in El Paso.

What Is the Eggshell Skull Rule?

The eggshell skull rule is a key idea in law. It says that if someone causes an accident, they must pay for all the harm they do. This holds true even if the injured individual already suffered from a pre-existing condition. Think of it like this: if you drop an egg with a thin shell, you are responsible even if the shell was weak. The rule is also called the “thin skull rule” or “take the victim as you find them” (Amtz Law, n.d.).

In simple terms, the person at fault takes full blame. They can’t use your old health problems as an excuse to pay less. However, the accident must cause new harm or worsen the existing problem. If your condition had worsened regardless of the crash, that part might not count (Gutierrez Law Firm, n.d.a). For example, if you had mild arthritis and the accident makes it so painful that you need surgery, the at-fault driver pays for that extra damage.

This rule comes from old court cases. It protects people at higher risk. In Texas, courts use it in car accident cases to ensure victims receive fair compensation (Reyes Law, n.d.).

How the Eggshell Skull Rule Works in Texas and El Paso

Texas follows the eggshell skull rule in full. This means that in El Paso, if a car crash worsens your pre-existing condition, you can file a claim. The law holds the at-fault party responsible for all injuries resulting from the accident. This includes pain that builds on old issues (GDL Firm, n.d.).

El Paso experiences frequent car accidents due to busy roads such as I-10. Local courts apply the same Texas rules. For instance, if a rear-end crash worsens a prior work-related neck injury, the rule can help your compensation. Insurance companies in Texas often try to say your pain is from the old condition, not the crash. They might review your medical history to reduce payouts (BHW Law Firm, n.d.). But with positive proof, you can fight back.

In El Paso, you have two years to file a claim from the accident date. This is the statute of limitations (No Bull Law, n.d.). Don’t wait; time runs out quickly.

• Common Pre-Existing Conditions Affected: Back pain, neck issues, arthritis, prior fractures, fibromyalgia, or unknown weak spots such as brittle bones.
• What Counts as Worsening: New pain, more doctor visits, surgery needs, or lost work time due to the crash.
• Local Factors in El Paso: Heavy border traffic can increase crash risk. Weather, such as dust storms, adds risk.

What Compensation Can You Get?

If the accident worsens your condition, you can seek compensation for several expenses. Texas law lets you seek damages for the extra harm. This includes medical bills, lost pay, and emotional stress (Siegfried & Jensen, n.d.). The eggshell rule ensures you are paid for the full impact.

Here are the types of compensation:

• Medical Costs: Bills for new treatments, therapy, or surgery caused by the worsening. This covers future care too.
• Lost Wages: Money you miss from work because the condition got worse.
• Pain and Suffering: Pay for physical hurt and mental stress, like anxiety from more pain.
• Loss of Life Quality: If you can’t do hobbies or daily tasks anymore.
• Permanent Harm: If the worsening results in a lasting disability.

Settlement amounts vary. A slight worsening may result in a lower payout. However, if it’s permanent, such as requiring ongoing therapy, it can be higher (Reyes Law, n.d.). Factors like your age matter—younger people might get more for long-term effects.

In El Paso, average settlements depend on proof. Strong cases with doctor notes can lead to better deals (Abraham Watkins, n.d.).

How to Prove Your Claim

Proving that the accident worsened your condition is key. You need evidence to show the link. Start with medical records from before and after the crash (St. Louis Injury Law, n.d.). This creates a “before and after” picture.

Steps to build your case:

• Get Medical Help Right Away: See a doctor soon after the accident. Tell them about your old condition and new pains.
• Keep Records: Save all bills, doctor notes, and test results, such as X-rays or MRIs.
• Track Symptoms: Write down daily pain changes in a journal.
• Use Expert Help: A doctor can testify how the crash caused the worsening.
• Gather Accident Proof: police reports, photos, and witness statements help establish fault.

Be honest about your history. Hiding it can hurt your case (Gage Mathers, n.d.). In Texas, courts look at if the worsening was from the crash or natural changes.

Dealing with Insurance Companies

Insurance firms want to pay less. They might say your pain is all from the old condition. They could request all your medical records to find ways to deny coverage (Romanow Law Group, n.d.). Don’t sign broad releases without a lawyer.

Tips to handle them:

• Don’t Talk Alone: Let a lawyer speak for you.
• Avoid Quick Settlements: First offers are often low.
• Fight Denials: Use proof to show the accident’s role.
• Know Tactics: They might use their doctors to downplay harm.

In El Paso, local lawyers know Texas rules well. They can help counter these moves (Ellis & Thomas, n.d.).

Why See a Clinic That Focuses on Auto Accidents

After a crash, see a specialist for auto injuries. This helps document the harm and begin the healing process. In El Paso, clinics with chiropractors are well-suited to treating soft-tissue injuries such as whiplash (Foundation Chiropractic Clinic, n.d.). They use adjustments, therapy, and pain plans.

Benefits of specialized care:

• Better Records: They note how the crash worsened your condition.
• Faster Healing: Treatments reduce swelling and improve movement.
• Holistic Approach: Combine chiropractic with other care.
• No Upfront Cost: Some take insurance or liens.

Chiropractors treat back, neck, and joint pain from accidents (Hurst Clinic, n.d.). Don’t just go to the ER—they might miss long-term issues (Your Back in Line Now, n.d.).

In El Paso, consider the Comprehensive Accident and Injury Center for combined medical and chiropractic care (Comprehensive Accident and Injury, n.d.).

Clinical Observations from Dr. Alexander Jimenez

Dr. Alexander Jimenez, DC, APRN, FNP-BC, is a top expert in El Paso. He runs Injury Medical Clinic, focusing on auto accidents and pre-existing conditions. With over 30 years of experience, he uses functional medicine to find root causes (Dr. Alex Jimenez, n.d.).

He notes that crashes often worsen old issues like sciatica or disc problems. His treatments include adjustments, nutrition plans, and exercises. For pre-existing conditions, he considers lifestyle and genetics to treat without surgery (LinkedIn, n.d.). Patients report less pain and better mobility. He stresses early care to prevent lasting harm.

In his practice, he sees many El Paso crash victims. He uses X-rays and tests to show worsening. This helps claims, too.

Conclusion

Car accidents in El Paso can be tough, especially with pre-existing conditions. But the eggshell skull rule protects you in Texas. You can get money for worsening harms if you prove the link. Consult a doctor promptly, maintain records, and seek legal assistance. In El Paso, experts like Dr. Jimenez offer outstanding care. Don’t let insurance tricks stop you—fight for what you deserve.

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References

• Abraham Watkins. (n.d.). Do Pre-Existing Conditions Disqualify Me From Damages in a Personal Injury Case?Abraham Watkins.
• Amtz Law. (n.d.). How Pre-Existing Conditions Affect Your Personal Injury Claim.Amtz Law.
• BHW Law Firm. (n.d.). Pre-Existing Injury and Accident in Texas.BHW Law Firm.
• Comprehensive Accident and Injury. (n.d.). Doctor or Chiropractor After a Car Accident?Comprehensive Accident and Injury.
• Dr. Alex Jimenez. (n.d.). Home Page.Dr. Alex Jimenez.
• Ellis & Thomas. (n.d.). Pre-Existing Condition Personal Injury Texas.Ellis & Thomas.
• Foundation Chiropractic Clinic. (n.d.). Auto Injuries.Foundation Chiropractic Clinic.
• Gage Mathers. (n.d.). Does a Pre-Existing Condition Affect My Accident Claim?Gage Mathers.
• GDL Firm. (n.d.). Will a Pre-Existing Condition Affect My Personal Injury Claim in Texas?GDL Firm.
• Gutierrez Law Firm. (n.d.a). An Accident Aggravated a Pre-Existing Condition: Do I Still Have a Claim?Gutierrez Law Firm.
• Hurst Clinic. (n.d.). MVC and OJI Claims at Hurst Chiropractic.Hurst Clinic.
• LinkedIn. (n.d.). Dr. Alexander Jimenez DC, APRN, FNP-BC, IFMCP, CFMP, ATN.LinkedIn.
• No Bull Law. (n.d.). Aggravated Condition Car Accident Settlement Texas.No Bull Law.
• Reyes Law. (n.d.). Accident Aggravated a Pre-Existing Condition.Reyes Law.
• Romanow Law Group. (n.d.). Impact of Pre-Existing Conditions on Car Accident Injury Claims.Romanow Law Group.
• Siegfried & Jensen. (n.d.). How Do Pre-Existing Injuries Affect a Car Accident Claim?Siegfried & Jensen.
• St. Louis Injury Law. (n.d.). What to Do If a Car Accident Aggravates a Pre-Existing Condition.St. Louis Injury Law.
• Your Back in Line Now. (n.d.). Been Hurt in an Auto Accident.Your Back in Line Now.