Throughout our lives, we get bumps and bruises. Sometimes we get injured in the injuries leave lasting effects. Say for instance, when you were in you early 20’s you had accident. Because of your injuries you needed surgery on your back. You attend rehab and the surgery was successful. Now fast forward ten years. You are driving to work and you are side swiped by a car whose driver is on their phone-texting. The ambulance arrives and they load you on the gurney. You notice you are have severe, dull, aching pain in your back, exactly where you had the surgery previously. After being released from the hospital you attend physical therapy and you are able to get back on your feet. Then you make a claim against the insurance company for the driver that hit you. The first thing the insurance company is going to say is that your current injuries really aren’t their fault. You had a “preexisting” condition which was just “aggravated” by their distracted driver. This kind of obfuscation is why hiring an experienced personal injury lawyer is vital.

The insurance company doesn’t get a pass just because you had a previous injury. In fact, Texas follows something called the “Eggshell Skull Doctrine” or you take your victim as you find them. The application of this rule means that the person who caused the injury may be liable for aggravation of a pre-existing physical condition of the plaintiff caused by the tortfeasor. In other words, the person who hurt you does not get to simply walk away and say, too bad, you were already injured before I got there.

The leading case announcing the eggshell skull rule is a Wisconsin case, Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403 (1891), though it is not the earliest eggshell skull case even in Wisconsin, see Stewart v. City of Ripon, 38 Wis. 584, 590-91 (1875). In Vosburg, one school boy kicked another in the shin, in circumstances that made the kicking a battery. The kick would not have seriously injured a normal person, but the victim had an infection in his tibia and the kick aggravated the infection, causing serious injury. The court held the defendant liable for the entire damages. Stoleson v. United States, 708 F.2d 1217, 1221 (7th Cir. 1983).

Even if you have a preexisting condition, you have the right to compensation if that condition is aggravated or made worse by the accident. If you have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565.

After a car accident it is very likely that you will be experiencing shock and trauma. This is especially true if you have to go to the hospital and spend time recovering from your injuries. The experience can be so unpleasant that you want to leave it in the past as quickly as possible. And insurance companies are all too willing to help you leave it in the past as quickly as possible.

But in order to leave this trauma in the past, insurance companies will expect you too take substantially less money than you are entitled to. Before you sign anything, stop and call a personal injury attorney. And experience personal injury attorney knows how to evaluate your case and get you all the compensation you’re entitled to.

It is important to understand the well your case may seem simple and straightforward, spending a little time analyzing the facts and circumstances can make a big difference. You may not realize it now but you may need therapy in the future, you mayNeed in-home services to assist you in getting back on your feet, and you may incur additional Medical expenses related to pain and suffering.

I’ve said it before and I’ll say it again: the insurance company is not your friend. They are there to save themselves money and pay out is little to you as possible. In a recent case that I just settled, the insurance company start off saying they were not at fault at all and refused to provide even one nickel to my client. By the time his case was done, the insurance company settled for almost $55,000.00.

Don’t be pressured or rushed into settling your personal injury claim take time to speak with a lawyer and evaluate your case. Taking that time could mean the difference between appropriate compensation, or being forced to spend money out of your pocket and no fault of your own.

https://www.themonitor.com/2019/08/27/rio-grande-city-man-arrested-fatal-accident/

McAllen police have arrested a 22-year-old Rio Grande City man on charges of intoxication manslaughter after an early morning accident on Sunday left two people dead, including a 2-year-old.

Police said in a press release that the accident happened at about 2:44 a.m. Sunday in the 800 block of North 10th Street, where it intersects with Hackberry Avenue, when a pickup truck driven by David Garcia Jr. hit an SUV.

McAllen residents Patricia Vargas, 2, and Alma Patricia Rodriguez, 52, died in the wreck, which also sent seven people, including the driver, to local hospitals with serious injuries.

Garcia is charged with two counts of intoxication manslaughter and seven counts of intoxication assault.

He was arraigned Sunday and remains jailed on a total of $420,000 in bonds.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering or for the loss of your loved one. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.