17 December 2021
Aggravation of Pre-Existing Injury – Texas Law – Thin Skull Doctrine
The law requires that a negligent defendant takes the plaintiff as they find them. Simply put, making someone’s pre-existing medical conditions, even worse, through negligence has legal consequences. This axiom is taught in law school, acknowledged by Judges and recognized in Texas Law. What it means to a personal injury victim, in practical terms, is that a negligent defendant can be held financially responsible for making an existing medical condition worse. The aggravation of a pre-existing injury is an important consideration in a personal injury case, Negligent drivers, shouldn’t be allowed to maim and injure people already suffering from medical conditions, without consequence.
A plaintiff who is more susceptible to an injury is entitled to fully recover from the negligent party who caused personal injury. A plaintiff with an already bad back, neck, or other injury, who can prove that a negligent defendant made their injuries worse, can recover for their damages. Often testimony in the form of a treating medical provider, who recounts the medical history of the plaintiff and how the wreck caused aggravation for their condition as well as the testimony from the victim will .
If you’ve suffered personal injuries and are concerned about your legal rights to recovery because you have been diagnosed with a medical condition that makes you more vulnerable to injury, you should contact a personal injury attorney.
Scott McLemore has practiced personal injury law since 1997 and has consistently pursued and obtained favorable settlements and judgments for his clients. We are available any time, day or night, at 713 888 0080.
In a Texas personal injury case the burden is on the personal injury victim to prove four elements in order for their case to succeed, legally. These elements are:
- The plaintiff must show that the defendant owed a duty to the victim.
- The plaintiff must show that the defendant failed in that duty or breached that duty.
- The failure to do their legal duty caused injuries to the victim.
- That injury resulted in legal damages.
Defense and adjusting tactics are designed to dispute one or all of these elements. Without all four elements, a plaintiff’s case falls apart. Not knowing how to put your case together, under Texas Law, makes it easier for a defendant to make it fall apart.