Suffering an injury on top of a pre-existing condition? Learn how to file a successful personal injury claim and get the compensation you deserve with KAASS LAW.
If you’ve recently been injured and already have a pre-existing condition, you may worry about how it could impact your ability to file a personal injury claim. The good news is that you are still entitled to compensation under California law. At KAASS LAW, we assist clients in successfully navigating the legal process, even with complex medical histories.
Pre-Existing Condition: Can You File a Personal Injury Claim?
Yes, absolutely. A pre-existing condition does not disqualify you from recovering damages. California adheres to the “eggshell plaintiff” doctrine, which states that a defendant is liable for the full extent of harm caused, even if the victim’s medical condition made them more vulnerable to injury.
Understanding California’s Eggshell Plaintiff Rule and Pre-Existing Conditions
This doctrine ensures that defendants are held accountable even if the injured party had a condition that made them more susceptible to serious injury. For example, if someone with a fragile spine is in a low-speed accident that causes significant injury, the negligent party is still fully responsible.
This rule is particularly relevant in cases involving:
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Chronic pain disorders
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Past spinal injuries
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Arthritis or joint disease
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Mental health conditions
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Previous surgeries
Common Pre-Existing Conditions That Impact Injury Claims
Back and Neck Issues as Pre-Existing Conditions
Many individuals have old back or neck issues that can flare up after even a minor accident. Conditions like herniated discs, scoliosis, or whiplash may worsen after impact.
Joint Problems and Pre-Existing Conditions
Knee problems, shoulder dislocations, or arthritis are common. Accidents can severely aggravate these, making daily life harder and recovery longer.
Mental Health as a Pre-Existing Medical Condition
Accidents can trigger PTSD, anxiety, or depression, especially if you have a history of these issues. Emotional distress is valid and compensable.
How Does a Pre-Existing Condition Affect Your Injury Case?
1. Detailed Medical Records and Pre-Existing Conditions
You’ll need strong medical evidence to show the difference between your health before and after the accident. This helps prove that the accident caused new harm or worsened your condition.
2. Insurance Companies May Challenge Your Claim
They often argue that your suffering is from the prior condition. However, with experienced legal guidance, you can present compelling evidence to counter these tactics.
3. Proving Aggravation is Key
The burden is on you to show that the accident led to worsened symptoms or new injuries. With the right legal team, medical experts can provide critical testimony.
Legal Strategies for Claims with Pre-Existing Conditions
A skilled personal injury attorney will:
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Secure statements from treating physicians
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Compare diagnostic images before and after the accident
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Use expert testimony to establish causation
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Document how your quality of life declined due to the accident
This comprehensive approach improves your chances of receiving fair compensation.
Compensation You Can Claim with a Pre-Existing Condition
Victims with a pre-existing condition may recover compensation for:
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Emergency and long-term medical expenses
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Physical therapy or rehabilitation
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Emotional distress or mental anguish
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Pain and suffering
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Lost income or earning potential
If the accident exacerbated your condition and created new complications, you deserve compensation for both.
What to Do After an Accident if You Have a Pre-Existing Condition
1. Seek Medical Attention Immediately
Let the doctor know about your existing condition. Ask them to clearly note how the new incident has affected your health.
2. Be Transparent—With Your Attorney
Don’t hide your medical history. Be open with your legal team so they can build a solid strategy. Avoid sharing this information directly with insurance companies.
3. Act Quickly
In California, you generally have two years to file a personal injury claim. Don’t delay gathering records and speaking with an attorney.
Official California Resource on Consumer Insurance Rights
For more information on how insurance companies should handle pre-existing conditions in injury claims, visit the California Department of Insurance. This government agency helps protect your rights as a consumer and injury victim.
Why You Need KAASS LAW on Your Side
When you have a pre-existing condition, insurance companies often attempt to reduce or deny your claim. At KAASS LAW, we are committed to fighting for the compensation our clients deserve, regardless of their medical history. Our attorneys have a deep understanding of how to:
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Work with medical professionals to support your claim
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Negotiate aggressively with insurers
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Present your case clearly and persuasively
For more, visit our Personal Injury Attorney in Los Angeles page.
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Conclusion: A Pre-Existing Condition Doesn’t Mean No Justice
A pre-existing condition should never be a roadblock to justice. If an accident worsened your health, you have the legal right to seek compensation. The experienced legal team at KAASS LAW is ready to fight for your case and ensure your medical history is not used unfairly against you.
Contact KAASS LAW today for a free consultation and get the support you need to recover physically and financially.