What Should You Do If a Medical Condition Delays Your Recovery After an Accident?

We’re all made differently, and sometimes that means that it will take one person much longer to recover from injury than it would another person. Whether you are in San Antonio or elsewhere in the state of Texas, you are protected by law from being unfairly treated if a medical condition causes an accident to injure you more severely, or your recovery to take longer. A personal injury lawyer can make sure you understand the law and help you through the process of claiming compensation.

What Should You Do If a Medical Condition Delays Your Recovery After an Accident?

Being involved in an accident can be a life-altering experience, especially when physical injuries and emotional trauma affect your ability to return to your normal routine. Things can get even more complicated if an existing or newly diagnosed medical condition delays your recovery. If this happens, you may find yourself facing extended medical treatment, prolonged time off work, and uncertainty about the outcome of your personal injury claim.

Medical Conditions in Personal Injury Cases

In any personal injury case, causation and damages are central issues. This means that for a successful claim you need to prove that the accident was caused by another party’s negligence and that you suffered harm as a result of that accident.

If you have a medical condition that delays your recovery, it could impact both of these issues. Pre-existing conditions may be used by insurance companies or defendants to argue that your injuries were not caused by the accident. New complications arising from the accident (such as infections or psychological issues) may increase the scope of your claim but also require additional proof. In either case, you must document your condition carefully and be ready to connect it clearly to the accident and its aftermath.

Disclose Pre-existing Conditions Honestly

Honesty and full disclosure are exceptionally important. If you had a pre-existing condition before the accident, such as arthritis, a herniated disc, or anxiety, you should disclose this to your attorney and the physicians treating you right away. You will not be legally disadvantaged by disclosing a medical condition because of the following legal provision.

Texas courts follow the “eggshell skull” doctrine, which means a defendant must take the victim as they find them. In other words, if your pre-existing condition made you more vulnerable to injury, the negligent party is still liable for the full extent of the damages caused. It does not matter that someone without that condition might have suffered less. However, if you attempt to conceal a condition and it is discovered later, your credibility can be severely damaged.

Seek Consistent and Thorough Medical Treatment

It is a good idea to follow all medical advice and maintain consistent treatment records under any circumstances. However, if you have an existing condition that could delay your recovery, it is even more important. If you have not sought treatment, have gaps in medical visits, or have not followed prescribed therapies, this can be used by opposing counsel to argue that your prolonged recovery is due to your own neglect rather than the accident.

If you make sure that you are treated thoroughly, this will also maintain a clear medical timeline. This timeline will establish a causal link between the accident and your prolonged condition and will also allow your attorney to quantify additional damages like extended medical expenses or lost wages. If your medical condition changes or worsens, be sure to inform both your doctor and your attorney immediately so that your medical records can be updated and your legal strategy adjusted accordingly.

Document Your Pain, Progress, and Limitations

Keeping a pain and recovery journal can be very helpful, especially when dealing with delayed healing. In this daily or weekly log, you should record the symptoms you’re experiencing, how your condition is affecting your daily life, any work or social activities you have missed, and the emotional and psychological effects of the injuries caused by the accident.

This can provide powerful supporting evidence for non-economic damages such as pain and suffering or loss of enjoyment of life, which are eligible for compensation under Texas law. Though there are caps on non-economic damages, the amount awarded can still be substantial, so it is important not to neglect this area.

Seek Help Within the Statute of Limitations

In Texas, you typically have two years from the date of the accident to file a lawsuit. If a medical condition delays your recovery, this doesn’t necessarily extend your deadline, so you need to act fast. If you want to file against a government entity, you still have two years to file, but you must also give written notice of your intent to file within six months of the accident. In some cities and counties, the notice period is even shorter. If you were injured as a minor, the clock is paused, or “tolled,” until you turn 18. This means you will need to file before your 20th birthday.

Don’t Settle Too Early

One of the biggest mistakes accident victims make, especially those with delayed recovery, is to accept a settlement too soon. Insurance companies will usually encourage you to settle quickly. This may seem like a good thing at the time, as it means that you will have money, but it also limits their liability. As a part of the settlement agreement, you usually waive the right to pursue further compensation, and that agreement will hold true even if your condition worsens.

If your recovery is delayed due to complications or due to a known pre-existing condition, you should wait until you reach maximum medical improvement (MMI) before finalizing a claim. Maximum medical improvement is the point at which your condition has stabilized, and doctors consider that they have done all they can and further improvement is unlikely. It is only when you have reached this point that we will be able to accurately calculate the total value of your claim.

Consult an Experienced Personal Injury Lawyer

Texas personal injury law has unique procedural and substantive rules, and though it is possible to file a claim alone or represent yourself, it is a difficult task. Your focus after an accident should be on recovery, which is why you need an experienced lawyer to take the weight of the legal process off your shoulders. As skilled personal injury attorneys, we will explain your legal situation, take care of court admin, counter defense strategies, present strong medical evidence, and advocate for a full and fair settlement.

If a medical condition is delaying your recovery after an accident, you’re not alone and you’re not without legal recourse. A pre-existing condition cannot disqualify you from recovering damages, even if a different person would have suffered less or recovered more quickly if in your place. By taking the right steps early on, you can significantly improve your chances of a successful outcome and ensure you’re fairly compensated for both the immediate and long-term consequences of the accident. To find out more about your options, get in touch with us at the Gamez Law Firm in San Antonio, TX.