Even in the relatively mild winters of Corpus Christi, sudden cold fronts, wet pavement, and seasonal crowds can cause serious safety hazards. But what if you were already injured before an accident occurred? Can you still file a personal injury claim if a new incident worsens your condition?
The short answer is: yes.
Pre-Existing Conditions and Personal Injury Law
In many personal injury cases, the injured party already has a medical history that includes prior accidents, surgeries, or chronic pain. That doesn’t disqualify you from seeking compensation.
Texas law adheres to a legal principle called the "eggshell skull" rule. It means that a defendant takes a victim as they find them. If someone’s negligence causes harm to a person with pre-existing vulnerabilities, they are still responsible for the full extent of the damage they cause—even if a healthy person wouldn’t have been injured as severely.
Common Scenarios Where Winter Conditions Worsen Injuries
- A slip and fall on a poorly salted sidewalk aggravates an old back injury
- A fender bender in icy weather worsens a pre-existing neck condition
- Falling due to inadequate lighting or wet floors re-injures a recently healed joint
Insurance companies often try to deny or minimize these claims, arguing that your pain was already there. That’s why documentation and strong legal representation are crucial.
How to Protect Your Right to Compensation
- Get Medical Documentation: Keep records from before and after the new incident. Show how your condition has changed.
- Report the Incident Promptly: Whether the accident occurred in a parking lot, store, or on the road, make sure there is an official record.
- Speak to Witnesses: Their accounts can help prove how the injury happened.
- Avoid Giving Recorded Statements to Insurers: Let your lawyer do the talking.
What Can You Recover in a Worsened Injury Case?
If your existing condition was made worse by someone else’s negligence, you may be entitled to damages, including:
- Additional medical expenses
- Pain and suffering due to increased severity
- Rehabilitation or therapy costs
- Lost wages from additional time off work
- Emotional and psychological distress
Why Legal Help Matters More in Complex Cases
Pre-existing conditions often complicate injury claims, and insurance companies know it. They may try to exploit your medical history to reduce or deny your claim.
An experienced Corpus Christi personal injury attorney can work with your doctors, review your medical history, and build a case that clearly connects the new harm to the recent negligent event.
Corpus Christi Personal Injury Lawyers
Ready to safeguard your rights and pursue justice? Brunkenhoefer, P.C. Injury Attorneys in Corpus Christi, TX stand by to assist you on this journey. With a deep understanding of the nuances of winter-related injury cases and pre-existing conditions, our team is committed to offering compassionate, competent legal representation. Contact us today at (361) 310-5299 to explore how we can support you in navigating the complexities of your case, ensuring peace of mind and a step towards recovery.