Pre-Existing Conditions and Car Accidents in El Paso

Car accidents are common in El Paso, Texas. Busy roads like I-10 and US-54 see many crashes each year. A single injury can significantly alter your daily routine. But what if you had a health issue before the accident? People often worry whether a new crash can worsen an old injury. And if it does, can they still get money for medical bills and other costs?

This question comes up a lot. Pre-existing conditions include back pain, arthritis, or stress-related issues. A car accident can worsen their pain. In Texas, the law protects you. You can receive compensation for the extra injury caused by the crash. The same rule applies in El Paso. Local rules follow the state. However, insurance companies might try to decline. They could blame all your pain on the old condition.

You have options. The “eggshell skull rule” is important. It means the person who caused the accident is responsible for all damages. This rule applies even if your past health problem put you at a higher risk. This rule is based on prior court decisions. It ensures fair help for everyone (Smith & Hassler, n.d.; Reyes Browne Law, n.d.).

In this article, we explain it all. What is the rule? How do you establish your case? What compensation can you get? What are the options for finding care in El Paso? We focus on ChiroMed – Integrated Medicine. This local clinic helps with these issues. Led by Dr. Alexander Jimenez, it offers care for accident injuries.

El Paso has unique problems. Border traffic and hot weather can increase accident risk. But support is here. Keep reading to learn.

What Is a Pre-Existing Condition?

A pre-existing condition is any health problem from before the accident. It might be from long ago or recent. Examples are:

• Examples include back or neck pain resulting from previous falls.
• Arthritis in joints.
• Diabetes or heart problems.
• Anxiety or other mental health issues.
• Healed breaks that left weak spots.

These don’t block your claim. But they add challenges. The accident must cause additional harm or worsen the existing harm. This is aggravation (Gutierrez Law Firm, n.d.a).

Aggravation means the problem gets bad for good. It doesn’t return to normal. For instance, mild back pain becomes constant after the crash. That’s aggravation. A brief flare-up might not count as much (Reyes Browne Law, n.d.).

Doctors check your old and new records. They see the differences. In El Paso, clinics like ChiroMed do this well. They understand how accidents affect the body.

This matters because insurers want to pay less. Insurers might argue that your pain is due to pre-existing conditions. But Texas law disagrees. You get help for what the accident caused (GDL Law Firm, n.d.).

The Eggshell Skull Rule Explained

The eggshell skull rule is central to Texas law. Also known as the thin-skull or eggshell plaintiff rule. The rule originated in common law through judges’ rulings.

It works like this. Think of someone with a skull as thin as an eggshell. A light hits it. A normal person might be okay. The rule says the hitter pays for the whole break. They can’t say they didn’t know it was thin. They accept the victim as is (Amtz Law, n.d.; Abraham, Watkins, Nichols, Agosto, Aziz, & Stogner, n.d.).

In crashes, it covers pre-existing conditions. If you had weak bones from a condition, and the accident breaks them easily, the at-fault driver pays fully. This applies even if your condition made the accident worse (Smith & Hassler, n.d.).

Texas uses this in courts. Jury guides include it. This is evident in cases such as Leitch v. Hornsby (1996). Juries give money for the worsening, not the full old condition. The focus is solely on the additional damage (BHW Law Firm, n.d.; GTA Law, n.d.).

There’s also the crumbling skull rule. This rule applies to conditions that deteriorate over time, such as disc problems. The at-fault party pays only for the crash’s extra effect. This policy does not apply to natural changes (Smith & Hassler, n.d.).

In El Paso, this helps many. The area has older people with health concerns. Crashes often involve fast trucks. Injuries can be severe. The rule safeguards you (Reyes Browne Law, n.d.).

Experts advise honesty. Share all with your doctor and lawyer. It strengthens your case (No Bull Law, n.d.; STL Injury Law, n.d.).

Can You Get Compensation in El Paso, TX?

Yes. El Paso uses Texas laws. If the crash worsens your condition, you can get money. You can receive compensation for bills, lost pay, pain, and other related expenses.

Recoverable items include:

• New medical expenses: Visits, therapy, or surgery due to the worsening.
• Pain and suffering: Added hurt from the aggravation.
• Lost income: Missed work due to the new severity.
• Future treatment: Long-term care needs.
• Life quality loss: Inability to enjoy activities or do tasks.

Amounts depend on the extent of worsening and evidence. Small cases get less; lasting ones more (Siegfried & Jensen, n.d.; Gutierrez Law Firm, n.d.b).

Insurers may resist. Claim it’s not crash-related. But solid proof wins. El Paso lawyers know this. They deal with local cases.

You have two years to file, per statute of limitations (Gutierrez Law Firm, n.d.b; No Bull Law, n.d.).

How Insurers Handle These Claims

Insurers aim to cut costs. They review your history. They may claim that all pain is pre-existing or inevitable.

Tactics they use:

• Ask for a complete medical history, then use it inappropriately.
• Use their doctors to deny aggravation.
• Push fast, low offers.
• Blame age or natural wear.

Avoid traps. Get a lawyer. They protect you. Handle records, share only essentials (Eckell, Sparks, Levy, Monte, Sloane, Matthews, & Auslander, n.d.; Romanow Law Group, n.d.).

In El Paso, insurers understand local judges. Strong cases lead to better settlements.

Proving the Aggravation

Proof is crucial. Show that the accident caused the deterioration.

Ways to prove it:

• Collect records: Pre- and post-accident. Compare changes.
• Visit doctors soon: Describe the old issue and new symptoms.
• Do imaging: X-rays and MRIs to reveal differences.
• Journal daily: Track pain and limitations.
• Expert testimony: Doctors explain crash impact.
• Accident evidence: Reports, photos, and statements.

Stay consistent. Follow care plans. Skips weaken cases (STL Injury Law, n.d.; Reyes Browne Law, n.d.; Ellis & Thomas, n.d.).

El Paso clinics like ChiroMed use tests to document patient care. Builds strong claims (ChiroMed – Integrated Medicine, n.d.).

Be credible. Honesty is key. Dishonesty hurts (Gage Mathers, n.d.).

Importance of Medical Care in El Paso at ChiroMed

See a doctor quickly after a crash. Pain might start later. In El Paso, ChiroMed – Integrated Medicine specializes in this.

They document aggravation. Start recovery. Supports your claim.

ChiroMed is at 11860 Vista Del Sol Dr, Suite 128, El Paso, TX 79936. The clinic is led by Dr. Alexander Jimenez, who holds the titles of DC, APRN, and FNP-BC. Dr. Alexander Jimenez, DC, APRN, FNP-BC, leads the clinic and boasts over 30 years of experience. The clinic integrates chiropractic, functional medicine, and more.

They treat auto accidents and personal injuries. The clinic employs a holistic approach to address the underlying causes of injuries. Services include chiropractic adjustments, rehab, nutrition, and acupuncture.

Dr. Jimenez notes that accidents often exacerbate existing issues. For example, whiplash can exacerbate prior neck pain. Similarly, accidents can aggravate pre-existing back problems. Symptoms increase: pain, numbness.

They use advanced tools, including digital X-rays and nerve studies. Show pre- and post-changes.

Treatments: Non-surgical. Adjustments, decompression, therapy. Custom plans. We provide comprehensive documentation for both insurers and lawyers (ChiroMed – Integrated Medicine, n.d.).

Other services help too. These services are effective for treating soft-tissue injuries and chronic pain. Reduce inflammation and improve mobility (Foundation Chiropractic Clinic, n.d.; Hurst Clinic, n.d.; Concord Chiropractic, n.d.).

Pick specialists. They get auto injuries. Better than regular doctors. Provide claim reports (Comprehensive Accident and Injury Center, n.d.; Your Back in Line, n.d.).

In El Paso, ChiroMed handles local factors. Like heat aggravating pain.

What to Do After an Accident

Move fast. Safeguard your claim.

Steps to take:

• Contact police: Obtain report.
• Photograph everything: Area, vehicles, and wounds.
• Collect witness details.
• Seek medical care; discuss prior conditions.
• Avoid solo insurer talks.
• Engage a lawyer: They manage.
• Record all: Expenses, pain notes.

Effective in El Paso. Help is nearby (STL Injury Law, n.d.; Spektor Law, n.d.).

Conclusion

Accidents in El Paso are stressful. This is particularly challenging when pre-existing conditions are involved. Texas law, under the eggshell skull rule, provides compensation. Prove with evidence. Get care at ChiroMed. Don’t let insurers prevail. Seek assistance. Recovery is possible.

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References

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Amtz Law. (n.d.). How pre-existing conditions affect your personal injury claim. https://amtzlaw.com/how-pre-existing-conditions-affect-your-personal-injury-claim/

BHW Law Firm. (n.d.). Pre-existing injury accident Texas. https://www.bhwlawfirm.com/pre-existing-injury-accident-texas/

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GDL Law Firm. (n.d.). Will a pre-existing condition affect my personal injury claim in Texas? https://gdlfirm.com/will-a-pre-existing-condition-affect-my-personal-injury-claim-in-texas/

GTA Law. (n.d.). Impact of pre-existing conditions on personal injury claims. https://www.gta-law.com/impact-of-pre-existing-conditions-on-personal-injury-claims/

Gutierrez Law Firm. (n.d.a). An accident aggravated a pre-existing condition: Do I still have a claim? https://gutierrez-law.com/blog/an-accident-aggravated-a-pre-existing-condition-do-i-still-have-a-claim/

Gutierrez Law Firm. (n.d.b). Do I still have a personal injury claim in Texas if I have a pre-existing condition? https://gutierrez-law.com/personal-injury-lawyer-bryan-tx/do-i-still-have-a-personal-injury-claim-in-texas-if-i-have-a-pre-existing-condition/

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