Can a Pre-Existing Condition Hurt My Personal Injury Claim?
Imagine you’ve been involved in a car accident, or perhaps slipped and fell at the mall, and you’re dealing with a seriously painful injury to your back and neck. However, you’ve also been dealing with chronic back pain for the last year.
Personal injury claims are meant to help you obtain compensation after an accident leading to injuries, but what happens when you’re dealing with symptoms from a previous injury or medical condition? Can you even file a claim to obtain compensation for your recent injury, or does a pre-existing condition hurt your chances?
Fortunately, a pre-existing condition doesn’t mean your personal injury claim is ruined. Keep reading to learn more about navigating a claim with a prior condition or injury, California’s protections for these cases, and how the BD&J personal injury lawyers in California can help!
Key Takeaways
- Anywhere between 50 to 129 million Americans have a pre-existing condition (CMS)
- Common pre-existing conditions include arthritis, back pain, herniated discs, previous fractures, and more
- Personal injury claims where a plaintiff has a pre-existing condition are still possible
- A personal injury attorney in California can help you navigate a claim even if you have a pre-existing condition
What Are Common Pre-Existing Conditions?
Common pre-existing conditions include:
- Arthritis
- Chronic back pain
- Herniated discs
- Past fractures
- Diabetes
- High-blood pressure
- Mental conditions like depression and anxiety
Who Can File a Personal Injury Claim?
Anyone who was injured in an accident directly caused by the negligent or reckless acts of another person, company, or entity can file a personal injury claim for compensation.
The foundation of a personal injury claim lies in the idea that the injured plaintiff can prove:
- There was a duty of care (ex. A driver has a duty of care to other motorists and pedestrians on the road)
- This duty of care was breached (ex. A driver operates their car while looking down at their phone)
- This breach caused an accident (ex. While distracted on their phone, the driver rear-ended the car in front of them)
- This accident resulted in injuries for the plaintiff (ex. The driver in the rear-ended car suffered a back injury)
Car accidents and other physically traumatic incidents can often worsen pre-existing conditions, which is why it’s vital to speak to an attorney.
Will a Pre-Existing Condition Hurt My Personal Injury Claim?
Having a prior injury or other condition like chronic pain can affect your personal injury claim, but it doesn’t mean you’re not entitled to compensation after an accident. The additional challenge of a pre-existing condition comes with proving that the injuries sustained in an accident weren’t a result of this condition, or that the symptoms of a condition were further aggravated in an accident caused by another party.
In a personal injury claim where a plaintiff has a pre-existing condition, an attorney will consider:
- The symptoms of a pre-existing condition
- How long the plaintiff has had the pre-existing condition
- The symptoms of the new injury
- Key differences between the new injury and pre-existing condition
- Aggravation of symptoms of a pre-existing condition if relevant
What is the “Eggshell Plaintiff” Principle?
The “Eggshell Plaintiff” doctrine (also known as the “Eggshell Skull Rule”) under California law states that a defendant is fully liable for the unforeseeable damages another person suffers through the defendant’s negligent or reckless acts.
The basis of this legal doctrine is this: if a person had an eggshell thin skull and suffered an extremely serious injury due to the actions of another person, the other person would still be fully liable for these injuries, even if they wouldn’t have occurred to another person with a thicker skull.
This rule comes into play specifically in claims where a plaintiff has a pre-existing condition, supporting the idea that the defendant must accept the plaintiff as they are and take accountability for their own negligent or reckless actions.
How Personal Injury Lawyers in California Work with Pre-Existing Conditions
Any leading personal injury lawyers in California will work diligently to support and maximize your claim, even if a pre-existing condition comes into play. It’s crucial to share a documented history of the condition with your attorney, so they can use their expertise to better manage your claim and navigate the other party’s counter arguments on a pre-existing condition’s role in your claim.
Frequently Asked Questions
Who Do I Have to Disclose a Pre-Existing Condition To?
You absolutely must disclose a pre-existing condition to an insurance company and your attorney. Insurance companies will always argue that a pre-existing condition is what causes your injuries in an accident, attempting to minimize your compensation amount as much as possible.
This is why working with a personal injury lawyer and being upfront about all the details of your pre-existing condition is key.
Can Not Disclosing a Condition Hurt My Claim?
Absolutely. Not disclosing a condition can blindside your attorney, as well as hurt your claim and possibly even lead to a reduction in your compensation.
How Long Do I Have to File a Personal Injury Claim?
Injured Californians have 2 years from the date of their accident to file a personal injury claim for most cases.
What is Aggravation and Exacerbation, and What Does This Have to Do with My Claim?
Aggravation refers to a long-term or permanent worsening of a pre-existing condition, while exacerbation refers to a temporary flare-up of symptoms of a pre-existing condition. If either happens after an accident caused by someone else, you can be compensated for this.
Do I Have to go to the Hospital After an Accident?
Definitely! Going to the hospital allows for your injuries to be checked out, even if you don’t feel any symptoms of pain or discomfort at the moment.
Should I Speak to an Insurance Company Without an Attorney?
No, because most insurance companies are looking to reduce your payout as much as possible, and they’ll argue that your pre-existing condition is the source for any injuries after an accident.
A personal injury attorney can communicate with insurance companies and the legal representatives of the other party on your behalf.
How Are BD&J’s Personal Injury Attorneys Different from the Rest?
BD&J has been defending the rights of injured Californians for more than 20 years. We’ve recovered more than $3 billion* in compensation for clients.
But we see clients as more than just numbers, in fact, every client who walks through our doors becomes family. This is why we’re always in your corner throughout the claims process, making sure to have your best interests at heart always!
Do I Have to Pay Upfront to Work with BD&J?
Never. We know that legal fees can add up quick, which is why we work on a contingency fee basis and advance all case costs to clients, recovering attorney fees from the final settlement amount after a case is resolved.
This means less of a headache for you, and no fees until we win*.
How To Better Your Claim with a Pre-Existing Condition
A pre-existing condition doesn’t mean your claim is doomed to fail. In fact, there are some steps you can take to better your claim and possibly even maximize your compensation. These steps include:
- Seek medical treatment immediately. – The first step is to seek medical treatment immediately after an accident and be upfront with the medical provider about any pre-existing conditions you may have.
- Update any imaging related to your new injury, and your pre-existing condition. – This can look like new x-rays, MRIs, and other tests that can show your current condition and the effects of any new injuries. Both new and past medical tests and images can also be compared to show any major differences or developments after a new injury.
- Speak to a personal injury attorney as soon as possible. – Navigating a personal injury claim can be complicated, which is why you want to speak with a personal injury lawyer in California as soon as possible. Remember, a personal injury attorney is on your side, so being completely upfront about your condition is essential.
- Keep a written account of new injury pains and limitations. – Your own written account of pain, new limitations, and any other symptoms after an accident can also be used to highlight the worsening of a pre-existing condition or new aggravating symptoms of another injury.
Dedicated Personal Injury Lawyers in California Representing Injured Plaintiffs in the Fight for Justice
A pre-existing condition can be aggravated by an accident or exist in the background as you deal with new injuries and their symptoms. Whatever the case may be, a pre-existing condition shouldn’t stop you from seeking compensation in a claim.
Work with the compassionate attorneys at BD&J to ensure your claim is in the right hands. We’ll work with you to share your story and fight for compensation against insurance companies and other legal representatives who want to minimize your injuries.
Complete our form or call us 24/7 at 855-906-3699 to get started on your personal injury claim now!