When you’ve been involved in an accident and sustained injuries, one of the critical factors in determining your compensation is how the accident has impacted your health. While many personal injury claims involve individuals who are in good health before the accident, there are also cases where an individual has a pre-existing condition—an injury or illness that existed before the accident occurred.
In California, pre-existing conditions can affect the outcome of your personal injury claim, but understanding how they’re treated under the law is essential for securing fair compensation. In this blog, we’ll explore how pre-existing conditions influence personal injury claims in California, what you can do to protect your rights, and how an experienced personal injury lawyer can help you navigate the complexities of such claims.
1. What Are Pre-existing Conditions?
A pre-existing condition refers to any medical condition, injury, or illness that existed before an accident. This could be anything from a chronic back problem, arthritis, or a past knee injury, to more serious conditions such as heart disease or a prior concussion. Pre-existing conditions are common, and many people have some form of ongoing health issue when they experience an accident.
While a pre-existing condition doesn’t automatically prevent you from filing a personal injury claim, it may affect the way the claim is handled, particularly when determining the extent of your damages.
2. How Pre-existing Conditions Affect Personal Injury Claims in California
California follows a comparative fault system, which means that the person or entity responsible for the accident is liable for the injuries they caused. However, when pre-existing conditions are involved, there are additional considerations.
a) The “Eggshell Plaintiff” Rule
California law recognizes the “eggshell plaintiff” rule, which protects people with pre-existing conditions in personal injury cases. Under this rule, a defendant is responsible for the full extent of the injury, even if the plaintiff had a pre-existing condition that made them more vulnerable to injury.
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Example: If you had a pre-existing back condition and were involved in a car accident, the defendant cannot claim that you are only entitled to compensation for a minor injury. Instead, they are responsible for the full extent of your injury, even if the accident aggravated your existing condition and caused more severe harm than it would have caused to someone without that condition.
In other words, you are entitled to compensation for the injury as it stands, not just for the part that was caused by the accident. The law takes into account that your condition made you more susceptible to injury, and the defendant is still liable for the total damage.
b) Aggravation of Pre-existing Conditions
While you can still seek compensation for an aggravated pre-existing condition, proving how the accident impacted your existing injury is essential. If the accident did not directly cause the injury but worsened it, your attorney will need to show the extent to which the accident aggravated the condition.
For instance, if you had a prior knee injury and were in a car accident that worsened your knee pain, your claim might involve demonstrating that the accident led to more severe pain, longer recovery time, or additional treatments beyond what would have been necessary for the pre-existing injury.
c) Apportioning Fault and Damages
In California, it’s possible that a personal injury claim will be reduced if your pre-existing condition is determined to have contributed to your injuries. For example, if your existing back problems made you more susceptible to severe injuries in an accident, a portion of the pain and suffering damages might be apportioned to the pre-existing condition. However, this reduction does not mean you won’t be entitled to compensation.
If the accident exacerbated your pre-existing condition, you would still be entitled to compensation for the increased severity of the injury, medical costs, and lost wages caused by the accident.
3. How to Prove the Impact of Pre-existing Conditions in Your Claim
The key to a successful personal injury claim involving a pre-existing condition is showing how the accident worsened or aggravated your condition. This often requires substantial documentation and expert testimony.
a) Medical Records and Documentation
The most important piece of evidence is your medical history before and after the accident. You will need to provide documentation of your pre-existing condition, as well as evidence of how the injury worsened due to the accident. Your medical records will show the baseline level of your condition before the accident and the treatments you received after the incident.
If you sought treatment for a prior injury, make sure to provide these records. After the accident, you’ll need to document any additional treatment or increased medical expenses resulting from the aggravation of your condition.
b) Expert Testimony
Medical experts may be necessary to testify on your behalf, particularly when the injury involves a complicated pre-existing condition. A medical expert can explain how the accident likely worsened your condition and how it affects your daily life, including the pain, limitations, and treatments that you now require.
c) Continuing Medical Treatment and Symptoms
One of the challenges in these cases is showing how the accident caused an increase in symptoms. If your pre-existing condition led to only mild symptoms before the accident, but the accident caused the condition to worsen, you will need to prove that the accident made the pain, discomfort, and impact more severe. Documenting ongoing treatment and monitoring your symptoms can help establish the connection between the accident and the worsening condition.
4. What Damages Can You Recover for Pre-existing Conditions in California?
In California, even if you have a pre-existing condition, you are still entitled to recover damages for the full extent of your injury. These may include:
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Medical expenses: Compensation for all medical treatments related to the aggravation of your pre-existing condition, including doctor visits, surgeries, physical therapy, medications, and future care needs.
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Lost wages: Compensation for any time off work due to the injury, including future lost wages if your condition prevents you from returning to work or limits your earning potential.
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Pain and suffering: If your pre-existing condition was aggravated, you are entitled to compensation for the pain, discomfort, and emotional distress caused by the injury.
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Permanent disability or disfigurement: If your pre-existing condition now causes permanent impairment, you may be entitled to compensation for loss of quality of life or physical appearance.
5. How a Personal Injury Lawyer Can Help
Having a qualified personal injury attorney in California is critical when dealing with a claim involving pre-existing conditions. A skilled lawyer will:
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Help gather medical evidence: They will work with medical professionals to document the full extent of your injuries and how the accident worsened your condition.
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Fight against unfair reductions in compensation: They will advocate for fair compensation and ensure that the insurance company doesn’t unfairly reduce your settlement based on your pre-existing condition.
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Handle negotiations and litigation: If necessary, they will negotiate with the insurance company or represent you in court to ensure that you receive the maximum compensation possible.
6. Conclusion
Pre-existing conditions don’t automatically bar you from recovering compensation in a personal injury case. In California, the law allows you to seek damages for the full extent of your injuries, even if your condition was aggravated by the accident. Understanding how pre-existing conditions affect your claim and working with an experienced personal injury attorney can help ensure that you receive fair compensation for both your physical and emotional suffering.
If you’ve been involved in an accident and have a pre-existing condition, don’t hesitate to contact a personal injury lawyer who can guide you through the process and protect your rights. With the right legal support, you can receive the compensation you deserve, even if a pre-existing condition is involved.