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Preexisting Conditions in a Personal Injury Claim

Eggshell Doctrine

This blog will discuss the Eggshell Doctrine’s preexisting conditions, discussion, and questions you should ask your attorney if you have a preexisting condition and get in an accident. 

Texas Department of Transportation (“TxDOT”)

According to the Texas Department of Transportation (“TxDOT”), almost 90,000 people are seriously injured in Texas. A car accident can be devastating if the injuries incurred by the victim are severe enough to affect their daily life. But additionally, if the victim has a pre-condition, the devastation could be worst. In this blog, we will discuss the impact of preexisting conditions on the personal injury lawsuit. 

Preexisting Conditions in a Personal Injury Claim

Preexisting Conditions and Personal Injury Claim

This blog will talk about the Eggshell Doctrine and preexisting conditions and discussion and questions you should ask your attorney if you have a preexisting condition and get in an accident. 

In Texas, the Eggshell doctrine is a rule that states that the negligent party must take the injured victim as they find them. As the victim, you have the right to be compensated for the injuries due to someone else’s negligence. In basic terms, you should recover from a negligent party even if you had pre-conditions. The rule protects you from any additional aggravated injuries due to the accident. You need to seek recovery and medical help immediately if you have a preexisting condition and are in an accident.


On the website at, a definition of a preexisting condition is a health problem, like asthma, diabetes, or cancer, you had before the date that new health coverage starts. Insurance companies can’t refuse to cover treatment for your preexisting condition or charge you more. A personal injury attorney can help you recover from an existing injury, even if that injury is aggravated or made worse by the auto accident. You must talk to your attorney to recover for all your losses and get the compensation you deserve. 

 It would help if you also asked your attorney about the Medical Release Form. This is a form that you sign that allows the insurance company too to obtain medical records. An attorney can help you with this form because an overboard medical release could be bad for your case. It is always important to seek medical help and call an experienced attorney to help you with your claim. 

Insurance Companies

Most insurance companies will deny coverage for “unnecessary” medical bills. But in Texas, you can recover for conditions aggregated or made worse because of the accident. Therefore, before accepting a settlement, you must reach out to an attorney to ensure you are requesting and recovering for preexisting conditions. At Houston Area Injury Lawyers, PLLC, our firm focuses on representing those who have suffered a personal injury through the recovery process – physical, emotional, and financial recovery from injuries. 

We help clients tip the balance of justice into their favor through our years of experience and expertise and our vigorous representation of injured clients. Our care and preparation are the keys to our success. The Houston Area Injury Lawyers, PLLC, can help you navigate this issue and answer any questions you may have. If you want to speak to someone about your situation or for a free consultation, call our office at (713) 366-HURT (4878)—Tip the Balance in Your Favor.

Preexisting Conditions in a Personal Injury Claim

* At Houston Area Injury Lawyers, PLLC, we pride ourselves on helping our clients recover fully – physically, emotionally, and financially. Our clients are our family. We stand ready to help your recovery from your injury. Contact us today.

(713) 366-HURT (4878)

A case involving Harris County Courts can be complicated. Proving the legal elements with clear and convincing evidence is a daunting task. Houston Injury Lawyers, PLLC, can help you navigate this issue and answer any questions you may have. Se Habla español.

Houston Injury Lawyers, PLLC Personal Injury Claim

We have the experience and resources necessary to guide you and your family through the civil court proceedings. Your injury claim will entail and help you approach the situation with great confidence and understanding.

Contact us to schedule a free case review and find out how our firm can assist in your recovery.

State of Texas 

They are pursuing a personal injury lawsuit in Texas that allows victims to recover their damages and seek compensation for their pain and suffering.

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