Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Understanding Exacerbation of Pre-Existing Injuries
In Texas, if a car accident worsens an injury you already had, you can seek compensation for the new pain and treatment costs. Texas follows the “eggshell plaintiff” rule: you recover for all harm proximately caused by the crash, even if your body was more vulnerable than an average person’s. Key statutes include:
- Tex. Civ. Prac. & Rem. Code § 16.003 (Statute of limitations)
- Tex. Civ. Prac. & Rem. Code § 33.001 (Proportionate responsibility)
- Tex. Civ. Prac. & Rem. Code § 41.001 (Damages)
Step 1: Gather Comprehensive Medical Documentation
Obtain your full medical records, including treatment and diagnostic reports from before the crash. After the accident, schedule prompt follow-up exams and imaging. Ask each provider to note any increase in pain, reduced range of motion or new symptoms tied to the collision.
Step 2: Document Accident Details and Symptoms
Collect a copy of the police report and clear photographs of vehicle damage, skid marks and road conditions. Keep a daily journal describing pain levels, medication doses and limitations compared to your pre-accident baseline. Save all receipts for prescriptions, therapy or assistive devices.
Step 3: Calculate Your Damages Under Texas Law
In Texas you can recover:
- Economic damages: medical bills, rehabilitation costs, lost wages.
- Non-economic damages: pain and suffering, mental anguish.
Texas caps non-economic damages against certain defendants. Review § 41.001 to confirm applicable limits.
Step 4: Observe Texas Filing Deadlines
Most car-accident injury claims must be filed within two years of the crash. See Tex. Civ. Prac. & Rem. Code § 16.003. Missing this deadline usually bars recovery.
Step 5: Negotiate or File Suit
Present your demand package—medical records, bills and a demand letter—to the at-fault driver’s insurer. Be prepared to negotiate. If the insurer refuses a fair settlement, file your lawsuit in the appropriate Texas state court. Under § 33.001, the jury will assign fault percentages if multiple parties share liability.
Helpful Hints
- Keep all medical appointments and follow your doctor’s orders precisely.
- Use a digital or paper journal to track daily pain levels and limitations.
- Take clear, time-stamped photos of any visible injury changes.
- Obtain a copy of your full pre-accident medical history for comparison.
- Don’t give recorded statements to insurers without legal counsel.
- Consult an attorney early to preserve critical evidence.