How Pre-existing Medical Conditions Affect Your Personal Injury Case in California
You were hurt in an accident that wasn’t your fault. Maybe a car crash, a slip and fall, or another incident caused by someone else’s carelessness. But you already had back pain, arthritis, or another health problem before the accident happened. Now you’re wondering: Can you still get compensation? Will the insurance company use your old injury against you?
The answer is yes, you can still pursue a personal injury claim. California law protects people with pre-existing conditions. You deserve fair compensation when someone else’s actions make your health problems worse.
Insurance companies will try to blame your pain and medical bills on your old condition. They want to pay you less money, or nothing at all. This is where having the right legal help matters.
A Riverside personal injury attorney at the Knez Law Group, LLP, knows how to prove that the accident made your condition worse. We’ll fight for the full compensation you are entitled to, so you can treat your injuries and rebuild your life after a serious accident. Reach out to our law firm today at (951) 742-7681.
Don’t let an insurance company tell you that your pre-existing condition means you can’t recover damages. You have rights, and those rights don’t disappear because you had health problems before your accident.
What California Law Says About Pre-existing Conditions
California follows the “eggshell skull” rule. This means if you have a weak or damaged body part, the person who hurt you must pay for all the harm they caused. They can’t say, “Well, you were already hurt, so we don’t owe you much money.”
In other words, if you have a bad back and someone rear-ends your car, they’re responsible for making your back pain worse. Even if your back was already damaged, they caused additional harm. You can recover money for the extra pain, medical bills, and lost wages.
The law also covers situations where an accident triggers a dormant condition. Maybe you had arthritis that didn’t bother you much, but after the accident, it flares up and causes daily pain. The person who caused the accident is responsible for that, too.
How Insurance Companies Fight Pre-existing Condition Claims
Insurance companies will often use a variety of tactics to reduce payouts for individuals with pre-existing conditions. They’ll dig through your medical records looking for any mention of pain or problems in the same area. Then they’ll argue that all your current problems come from the old condition.
They might say things like “you complained about back pain three years ago, so this accident didn’t cause any new injury.” Or they’ll claim you were already limited in your activities, so you can’t recover money for the loss of quality of life.
Some insurance companies will offer quick, low settlements right after an accident. They know that if you accept fast, you won’t have time to understand how the accident affected your pre-existing condition. Once you sign that settlement, you can’t ask for more money later.
Building a Strong Case with Pre-existing Conditions
Medical records are the key to winning your case. You need to show what your condition was like before the accident and how it changed afterward. This means getting records from all your doctors, physical therapists, and other healthcare providers.
Your personal injury attorney will work with medical professionals to prove the accident made your condition worse. They might use:
- Before and after medical imaging, such as X-rays or MRIs
- The doctor’s testimony about how the accident affected your health
- Records showing you needed more treatment after the accident
- Evidence that your pain levels or limitations increased
You can help by keeping detailed records of how your condition affects your daily life. Write down when you have pain, what activities you can’t do, and how your mood and sleep are affected. This personal record can be powerful evidence in your case.
Common Types of Pre-existing Conditions in Personal Injury Cases
Back and neck problems are the most common pre-existing conditions in injury cases. Car accidents often make herniated discs, arthritis, or old injuries much worse. Even if you managed your back pain with occasional over-the-counter medicine, a crash might leave you needing surgery.
Joint problems like arthritis, torn cartilage, or old fractures can flare up after an accident. You might go from occasional stiffness to constant pain that limits your work and hobbies.
Mental health conditions can also be affected by accidents. If you had anxiety or depression before, the trauma and stress of an accident might make these conditions much worse. You can recover compensation for mental health treatment, too.
Insurance companies count on people with pre-existing conditions giving up or accepting low settlements. They know these cases are more complicated and hope you won’t fight for fair compensation.
A good Riverside personal injury attorney knows how to handle these cases. They’ll gather the right medical evidence, work with doctors who can explain your condition, and fight the insurance company’s attempts to blame everything on your old injury.
Your attorney will also make sure you don’t settle too early. It can take months to understand how an accident affected your pre-existing condition. You need time to see if you’ll need ongoing treatment or if your symptoms will improve.
Contact Our Riverside Personal Injury Lawyers Today
Your pre-existing condition is part of who you are, but it doesn’t mean you deserve less protection under the law. When someone else’s carelessness makes your health problems worse, they must pay for the harm they caused.
Knez Law Group, LLP serves injured clients in the Inland Empire, Orange County, and Los Angeles. For help with a business law issue, contact us today or call us at 951-742-7681 for a free initial consultation.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.