Pre-Existing Conditions

Are you concerned about pre-existing conditions affecting your ability to recover compensation? Contact our office to schedule a free consultation.

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Question:

Will pre-existing injuries affect my ability to receive compensation?

Answer:

I had a lady come in the other day who was involved in an auto accident who had pre-existing conditions. She wanted to know if these prior injuries were going to affect her case. This is a complicated question because there are several factors that you need to look at. One of the factors is how long ago did the pre-existing injury occur? If it was a long time ago, the chances are it may not hurt it as much. If it was more recent in time, it could. The second thing is what that prior injury was. Was it to the same area of the body, or was it completely unrelated? The third thing that we’re going to look at is, immediately prior to the current accident, was the individual still experiencing problems or symptoms from that pre-existing injury?

Lastly, we’re going to look at is if those pre-existing injuries became worse? For example, the woman I spoke to had a prior back surgery and screws placed in her back, but it was over 15 years ago. She was totally fine. However, as a result of this accident, those screws became dislodged and she developed complications. In that situation, the pre-existing condition is not going to be a problem. In fact, it adds to her damages because she was totally fine up until this recent accident. If you have any questions or concerns, we are here to help.


Were you or a loved one seriously injured in an accident in Texas and have questions about pre-existing conditions affecting your personal injury claim?
Contact our experienced Texas personal injury lawyers at Garcia & Ochoa today for a free consultation and case evaluation.
Let our experience work for you.

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Out of Town Legal Resources

Our personal injury attorneys practice in Texas, but we are always on the lookout for helpful legal resources in other parts of the country. We found this personal injury firm in New York that did a great job with their online educational guides and videos. If you or someone you love is injured in an accident in New York, look at this law firm located in Rochester, NY.