Legal Question in Personal Injury in Texas

(Fraudulent Lawsuit) A family member (brother)has a pre existing condition of a fractured vertabrate in his back from a previous accident and he comes out to your home or business to visit and pick up several items that he has stored on your property, after he leaves he goes to hospital 2 days later to try to get (Previous Condition)help with it. Then he contacts an attorney to have him sue you for the same condition. Will he stand a chance with the insurance company or will it be difficult for him to pursue case and win. Can he sue the property owner individually even if we have insurance


Asked on 2/26/12, 5:37 pm

1 Answer from Attorneys
Paul H. Cannon Simmons and Fletcher, P.C.

Insurance companies have extensive claim databases that pick up claims filed against health ins policies, liability policies, medicare etc...Most likely the insurance company will discover the preexisting condition whether he discloses it or not. I wouldn't recommend trying to sneak it past them. If he fails to come clean about it, it may well end up destroying his credibility and his case.

Now just because he has a prior injury does not mean he cannot have a valid claim. He can make a claim for an aggravation of a preexisting condition if the condition was in fact aggravated by someone else's negligence. But those cases can be hard to prove.

With regard to suing the property owner, in Texas he is required to sue the property owner and then the insurance steps in, hires a lawyer for the property owner and defends him. You cannot sue the liability insurance company direct in Texas.

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Answered on 2/26/12, 6:49 pm


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