Seeking Fair Compensation When a Car Accident Worsens Your Preexisting Injury

Hypothetical: You’ve had chronic back problems for years, and have been in and out of chiropractors’ offices with varying degrees of relief. Yesterday, without warning, you were rear-ended hard by a car exceeding the speed limit. The driver apologizes for not paying attention, and you exchange information. A week later, you can’t get out of bed, and your back and neck are in excruciating pain. You spend the next few months seeing orthopedists and finally schedule surgery after having exhausted all other options.

The Driver Who is at Fault is Responsible

There is an old saying in the law: “You take the plaintiff as you find them.” The plaintiff is the person who has been injured and is seeking compensation from the at-fault party, or the defendant. This means that if you hurt someone and are legally determined to be at fault, you are responsible for any harm you cause, even if that person was excessively fragile or vulnerable. This is also called the “eggshell skull” rule, and the only exception is when the harm would have happened anyway, even without any actions by the defendant. 

Back to our hypothetical. Regardless of pre-existing back issues, the at-fault driver must still compensate the plaintiff for all medical bills, surgeries, pain and suffering, missed work, etc.- in short, any damages that occurred after the accident. The most important thing to do if you have sustained injuries is to retain a personal injury attorney immediately. 

If You are in an Accident and are Injured

• Call your insurance company
• Keep careful records of all doctors’ visits
• Organize copies of all medical bills, regardless of whether reimbursed by insurance
• Write out careful notes describing the accident, since memories fade as time passes
• Contact an experienced personal injury attorney as soon as possible

Rely on the Expertise of Your Personal Injury Attorney

When you hire the right personal injury attorney, they will skillfully guide you through the process of making your claim against the other driver. Manfred Sternberg and the attorneys at Manfred Law have substantial experience successfully getting drivers in the Lone Star State the compensation for their injuries that they deserve. Please call (713) 547-5460 to schedule an appointment, or click here to contact us.