Policeman leaning on sports car's window
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Car accidents can leave everyone involved feeling a little bruised and banged around. Some accidents only result in minor vehicle damage, like a dented door or fender, while other car wrecks are more severe and can leave you with significant injuries.

While the at-fault driver's insurance typically covers any vehicle damage and bodily injuries sustained in the accident, but what about when a car crash amplifies your pre-existing medical issues? Are pre-existing conditions covered, or are you on the hook for any current and future medical costs? Keep reading to learn more and find out exactly what is and isn't covered in the event of an auto accident.

What Are Pre-Existing Medical Conditions

Before trying to file a claim for pre-existing medical conditions, you need to know exactly what they are. Pre-existing conditions are medical issues you are dealing with before the car accident-in other words; the conditions did not develop as a result of the auto vehicle wreck.

Some pre-existing conditions like diabetes or cancer do not become a more serious issue simply because you are in a car accident. However, some other conditions, including back injuries, arthritis, deep vein thrombosis, hernias, broken bones, and even hernias, can all worsen as a result of the accident.

Pre-existing conditions are also not limited to physical issues. Depression, PTSD, and anxiety are some mental health issues that can exist before the accident and worsen as a direct result.

Understanding Texas's Eggshell Skull Rule

Yes, Texas has a law on the books titled the "Eggshell Skull Rule." No, the law also has nothing to do with eggs-instead, the law states your pre-existing conditions cannot be used against you if you decide to file a case against the at-fault driver.

For example, maybe you have brittle bones, and your condition caused your injuries to be more severe than someone else without the diagnosis. Under the Eggshell Skull law, your pre-existing condition doesn't matter; the defendant is still liable.

There are a couple of exceptions to the law, which include:

  • Your condition must be stable when the accident occurred.

  • Your condition is only amplified because of the accident and not due to improper medical care, missed medications, or growing worse as a natural progression.

The law also requires you to provide documented proof of pre-existing conditions, where typically, you'll need to submit information about your medical history.

What Is Your Responsibility Under Texas Law

Simply proving you have a pre-existing medical condition amplified by the accident isn't enough to win your case; you're legally required to treat your injuries and minimize their severity. The law will not allow you to seek financial compensation for worsening injuries left untreated. The at-fault driver is not responsible for any complications that are a result of non-treatment.

A quick example is if you have brittle bone syndrome and break your leg in a car accident. Instead of seeking treatment, you ignore the issue, which gradually becomes more serious. When you finally seek treatment, the leg bones require re-breaking before being set and placed in a cast. Now, rehabilitation therapy is added to your treatment plan.

Instead of filing a claim against the other driver, you are responsible for any medical costs. Why? Because you did not seek treatment and are at fault for amplifying the injury.

Texas law is pretty clear when it comes to shared responsibility-the at-fault driver is only responsible for the initial injury and not what occurs due to non-treatment.

Recovering Damages for Your Pre-Existing Conditions

As long as you are treating any injuries sustained or amplified by pre-existing conditions, you can file a lawsuit against the at-fault driver to recoup some of the costs.

These include receiving compensation for the following:

  • ER visits and hospital stays

  • Necessary surgeries and pre-electives are often not covered

  • Any prescribed medical devices

  • Additional medical costs for ongoing treatment like therapy

  • Emotional distress, which includes pain and suffering

  • Lost wages

  • Disability compensation

If the accident resulted in the unthinkable, the death of a loved one in the involved vehicle, you can also file a wrongful death lawsuit. The Eggshell Skull law also applies in wrongful death cases. The deceased's pre-existing conditions cannot be used against them.

You Have a Filing Deadline

The state of Texas likes to keep things moving along, and this applies to lawsuits involving vehicle accidents. You can't wait several years to finally decide to file a lawsuit, and even the best attorney in the state can't get around this law.

Most plaintiffs have two years from the date of the accident to submit and file a claim, and missing the deadline by even an hour can invalidate your case. There are some exceptions to this, but it doesn't guarantee your lawsuit will get the green light to move through the court system.

An exception to the deadline can include when the injured party is incapable of filing a suit due to the severity of their injuries, like a coma or traumatic brain injury. The courts may grant some leeway while a guardian is located and approved, but the law may not apply to minors since they already have a guardian in the form of a relative or one appointed by the state.

You may also be able to extend the deadline if it takes a month or so to notice your injuries worsening, but you will need to support your claim with medical documentation. While there is no guarantee the court will accept your late claim, it's worth contacting an injury attorney since they can help walk you through the necessary steps to restart the clock on filing.

Almost all attorneys will recommend filing your pre-existing injury case as soon as possible since prompt filing will help move your case along far more smoothly.

Find Out If You Can Receive Compensation For Your Pre-Existing Condition

Car accidents will happen, and if you have a pre-existing condition, the accident can amplify your medical issues. Don't settle for a simple payout that only covers injuries sustained in the accident-talk to a personal injury attorney today.

You may be eligible to receive compensation for your pre-existing conditions, allowing you to focus on recovering from the accident, both physically and emotionally.