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.
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.
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:
Chronic pain disorders
Past spinal injuries
Arthritis or joint disease
Mental health conditions
Previous surgeries
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.
Knee problems, shoulder dislocations, or arthritis are common. Accidents can severely aggravate these, making daily life harder and recovery longer.
Accidents can trigger PTSD, anxiety, or depression, especially if you have a history of these issues. Emotional distress is valid and compensable.
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.
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.
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.
A skilled personal injury attorney will:
Secure statements from treating physicians
Compare diagnostic images before and after the accident
Use expert testimony to establish causation
Document how your quality of life declined due to the accident
This comprehensive approach improves your chances of receiving fair compensation.
Victims with a pre-existing condition may recover compensation for:
Emergency and long-term medical expenses
Physical therapy or rehabilitation
Emotional distress or mental anguish
Pain and suffering
Lost income or earning potential
If the accident exacerbated your condition and created new complications, you deserve compensation for both.
Let the doctor know about your existing condition. Ask them to clearly note how the new incident has affected your health.
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.
In California, you generally have two years to file a personal injury claim. Don’t delay gathering records and speaking with an attorney.
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.
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:
Work with medical professionals to support your claim
Negotiate aggressively with insurers
Present your case clearly and persuasively
For more, visit our Personal Injury Attorney in Los Angeles page.
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.
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