Can I Be Compensated for Pre-Existing Conditions After a Car Accident in Dallas, Texas?
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If you have pre-existing health conditions, a car accident can seriously aggravate them while causing new injuries. Our car accident attorney in Dallas, Texas, can help make sure you get fair compensation for both.
An insurance company will try to use your pre-existing injuries against you to limit your financial recovery. Our Dallas personal injury attorney will stand between you and these bad faith attempts to deny you the justice you deserve.
If you’ve been injured in a Dallas car accident that inflamed your pre-existing conditions, don’t leave money on the table by navigating the claims process on your own. Contact Jay Murray Personal Injury Lawyers at (214) 855-1420 so we can investigate your case, evaluate your new and old injuries, and help you get the compensation you deserve.
Jay Murray Personal Injury Lawyers Can Help You Get Justice if You’ve Been Hurt in a Dallas Car Accident
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Going through the insurance claims process can be complex under the best of circumstances. When a car accident results in new injuries as well as worsening old ones, the process becomes all the more difficult.
Jay Murray Personal Injury Lawyers has been advocating for accident injury victims since 1995. Our Dallas car accident attorney can help you take the mystery and frustration out of the claims process following accidents involving pre-existing conditions.
When we take on your Dallas pre-existing conditions car accident case, you’re getting a law firm that has a proven history of delivering over $100 million dollars in verdicts and settlements to our clients. Noteworthy examples include:
- $12 million in compensation for a car accident injury client
- $2 million awarded to a client hurt in a rollover accident
- $1.5 million settlement for a client who was injured in a motorcycle crash
- $1 million for a client who was the victim of a drunk driver
Every car accident is different, and the injuries they cause can vary wildly. It takes meticulous preparation and attention to detail to get the kind of compensation that will make you whole again.
When you’re dealing with pre-existing injuries that are made worse by a car accident in Dallas, Texas, it’s important to have an experienced personal injury attorney in your corner. The insurance company may attempt to devalue your case based on your pre-existing conditions. We’ll stand up to them, and if they refuse to negotiate fairly, we won’t hesitate to take your case to court and tell your story to a jury.
Do My Pre-Existing Conditions Prevent Me from Getting Compensation in Dallas?
When it comes to determining liability for a car accident, Texas is an “at fault” state. This means that the person whose negligence caused the accident, or their insurance company, is responsible for paying your damages. This includes damages for pre-existing conditions that were worsened in the accident.
Just because you have a pre-existing medical condition that makes you more prone to injury doesn’t give the at-fault party a legal defense. In Texas, the “eggshell skull” rule protects accident victims who have pre-existing conditions. This rule states that a negligent party is liable for any injury that is magnified by a condition that makes you more susceptible to injury.
However, if your own negligent conduct contributed to your injuries, your overall damages could be reduced under Texas’ modified comparative negligence rule. For example, if your pre-existing conditions were worsened in an accident for which you were 10% at fault, your compensation will be reduced by that percentage. If your own fault exceeds 50%, then you are barred from recovering anything.
Common Pre-Existing Conditions That Can Be Exacerbated by a Dallas, TX Car Accident
Negligent actors take their victims as they find them, including those who have health problems at the time of the accident. There are certain pre-existing conditions that are particularly prone to aggravation in car accidents, including:
- Traumatic brain injury
- Neck and back injury
- Herniated discs
- Arthritis
- Spinal cord injury
You have the burden of proving that the accident caused your pre-existing condition to become worse. This requires a detailed evaluation of your medical records so that a comparison of your condition can be made both prior to and after the accident.
If you were involved in a car accident that exacerbated your medical condition, it’s important that you discuss these with your doctors. You must also talk to your attorney about them so that they can properly prepare your case for settlement or for trial.
Your pre-existing health conditions may make your claim more difficult, but not impossible. Having an experienced law firm like Jay Murray Personal Injury Lawyers can help you prove how your condition was made worse and maximize your recovery.
Call Our Car Accident Law Firm in Dallas for a Free Assessment of Your Claim
Pre-existing injuries have the potential to complicate your insurance claim following a car accident in Dallas, Texas. The insurance company will use it as leverage to offer you compensation in an amount far less than the true value of your claim.
Jay Murray Personal Injury Lawyers has the experience and an unmatched commitment to justice to stand up to these tactics. We thoroughly prepare every car accident injury case so that when it’s time to negotiate a settlement, we can refute the insurance company’s claim that your pre-existing conditions have not worsened.
If a Dallas, Texas, car accident negligently caused by someone else has made your pre-existing health problems far worse, you have legal rights. When the insurance company tries to use your pre-existing conditions against you, Jay Murray Personal Injury Lawyers will level the playing field.
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