The Impact of Pre-Existing Conditions on Auto Accident Injury Claims

Getting hurt in a car accident is hard enough, but having a pre-existing condition can make dealing with insurance companies even tougher. Insurers often try to pay less by blaming your injuries on your past health conditions or medical history. Fortunately, there are ways to combat the insurer’s denials and get full injury compensation in your California car accident claim.

What Is a Pre-Existing Condition?

A pre-existing condition is any health problem or injury you had before the accident. This could be things like arthritis, back pain, or an old injury, such as a broken bone. Even if these didn’t bother you much before, a car crash can make them worse and harder to live with.

Insurance companies might say they don’t have to pay because your issues aren’t new. But the law says you can get compensation for aggravated injuries in accidents; in other words, if the crash made your pre-existing condition worse.

California Eggshell Plaintiff Rule

California has a law called the “Eggshell Plaintiff Rule,” which says the person responsible for an accident must pay for all the injuries they cause—even if the victim was more likely to get hurt because of a pre-existing condition.

For example, if you have a bad back and a car accident makes it worse, the at-fault driver is still responsible for the extra pain and medical bills. You don’t have to be in perfect health to deserve fair compensation.

But you’ll still need to prove that the accident made your condition worse. This means providing records, getting expert opinions, and keeping track of how your life has been affected. This is understandably difficult when you’re in pain and trying to recover—one of the many reasons you need a Kern County auto accident lawyer representing you.

What You Can Do to Fight a Denial Based on Pre-Existing Injuries

California injury claims with prior medical issues may be challenging, but they’re not impossible to win. There are things you can do to combat the insurance company’s claims that your injuries were caused by something other than the crash:

• Keep detailed medical records. Your medical history can show what your health was like before the accident and how it changed after, proving the crash made things worse.
• See a doctor right away. Don’t wait to get checked out after the accident. Seeing a doctor early can help document your injuries and stop insurance companies from saying your problems aren’t related to the crash.
• Track your daily struggles. Write down how your condition has changed your life. If you can’t work, perform day-to-day tasks, or do activities you enjoy, these changes can help show the impact of your injuries.
• Keep your appointments. If you skip medical appointments or physical therapy, the insurance company may argue that your condition is improving. Keep any appointments and follow all of your doctors’ treatment advice to the letter.

How a Lawyer Can Help With a Pre-Existing Injury Car Accident Claim

Dealing with pre-existing conditions and insurance companies can feel overwhelming. A personal injury lawyer on your side eases your stress and increases your chances of getting fair compensation. 

Your attorney can help you:

• Build your case. A lawyer can gather evidence needed to prove the accident worsened your condition. They know what insurance companies look for and how to present your claim.
• Negotiate a settlement. Insurance companies often try to pay as little as possible. We make sure you’re asking for everything you’re entitled to, including medical costs, lost wages, and pain and suffering. We know how to push back and get you the compensation you deserve.
• Apply the law. Laws like the Eggshell Plaintiff Rule can be complicated. An experienced lawyer knows how to use these rules to your advantage.
• Go to court (if needed). If the insurance company won’t settle fairly, our lawyers will represent you in court to get you what you’re owed.
• Bring in expert opinions. A doctor or specialist can explain how the accident affected your condition. Their expertise can counter insurance claims that downplay your injuries.
• Challenge testimony. Insurance companies might bring in their own experts to argue that your problems didn’t stem from the accident. A lawyer can help fight back with evidence and other expert opinions.

Contact Us Today

A pre-existing condition shouldn’t stop you from getting the compensation you need after a car accident. California’s Eggshell Plaintiff Rule protects your rights, and there are ways to prove your case even when insurance companies push back. By working with a lawyer at Chain | Cohn | Clark, you can build a strong claim and fight for the financial help you deserve.

If you or someone you love has been hurt in a car accident and is dealing with a pre-existing condition, don’t go it alone. Talk to a Bakersfield personal injury lawyer who can help you stand up to insurers and get the compensation you need to move forward. Contact us today for a free, no-obligation review of your claim.