How Might a Preexisting Condition Affect My Car Accident Claim in New Mexico?

by | Oct 1, 2021 | Medical Malpractice

There are over six million car accidents reported each year in the United States. For the victims involved, the aftermath can be overwhelming and frightening. While many victims suffer injuries as a result of car accidents, some victims may have preexisting conditions that are worsened in addition to any injuries sustained in the accident. If you have been injured in a New Mexico car accident, a car accident lawyer may be able to help you with your claim.

Dominguez Law is a car accident law firm with extensive experience helping clients in New Mexico pursue the financial compensation they are owed. If you have a preexisting condition, Attorney Dominguez may be able to help you understand how that condition might affect your New Mexico car accident claim.

What Is a Preexisting Condition?

A preexisting condition refers to any illness or injury that you had before the car accident occurred. A preexisting condition may make it challenging to pursue fair financial compensation for your injuries. The at-fault driver’s insurance company may use your preexisting condition as an opportunity to lower the amount of damages you are owed. While having a preexisting condition may make a car accident claim more challenging, it should not prevent you from collecting damages. Some examples of preexisting conditions may include:

  • Back problems
  • Arthritis
  • Herniated disks
  • Degenerative disk disease
  • Neck issues
  • Soft tissue injuries
  • High blood pressure
  • Fibromyalgia
  • Diabetes
  • Cardiovascular disease

While these conditions may have existed before an accident, the car accident can worsen the condition or cause the condition to trigger another severe condition.

Can a Preexisting Condition Affect Your Car Accident Claim?

Having a preexisting condition does not bar you from filing a car accident claim in New Mexico. While you cannot blame the car accident for a preexisting condition, if the accident worsened the condition or caused another injury, you are still eligible to receive financial compensation. An experienced car accident lawyer may be able to help you with the New Mexico claims process as you pursue damages for your injuries.

What is the Eggshell Skull Rule?

The eggshell skull rule states that the at-fault driver is liable for the full extent of the victim’s injuries if the at-fault driver’s actions made the victim’s preexisting condition more severe. According to this rule, neither the at-fault driver nor their insurance company can use the victim’s preexisting condition as an excuse not to provide the victim with financial compensation for their damages.

Consult with a New Mexico Car Accident Lawyer at Dominguez Law Today

If you have a preexisting condition, you should disclose this information when filing a car accident claim to avoid being ineligible for financial compensation. For help with your car accident claim, contact a New Mexico car accident lawyer who has experience helping victims with preexisting conditions.

Dominguez Law is a New Mexico law firm with experience helping clients build strong car accident claims. Attorney Dominguez is proud to offer clients the award-winning and knowledgeable representation they deserve. To schedule a free consultation, you can fill out our online contact form or call (505) 317-9837.