How Can a Pre-existing Condition Affect a Personal Injury Settlement in California?

Pre-existing conditions are health issues or medical conditions that individuals have before a new injury or health condition affects them. Examples of pre-existing conditions include past injuries, chronic illnesses, diabetes, arthritis or other health problems that existed before a new personal injury accident. Pre-existing health conditions are very important to personal injury claims in California for several reasons, including the need for medical evidence, causation, liability and impact on financial recovery.

Common pre-existing conditions that could potentially affect a personal injury claim in California include the following:

• Arthritis
• Asthma
• Autoimmune disorders
• Back and neck pain
• Cancer
• Chronic fatigue syndrome
• Chronic obstructive pulmonary disease (COPD)
• Degenerative disc disease
• Diabetes
• Epilepsy
• Fibromyalgia
• Heart disease
• Hypertension or high blood pressure
• Migraines and severe headaches
• Osteoporosis
• Post-traumatic stress disorder (PTSD)
• Previous bone fractures
• Tendonitis

Having a pre-existing health condition does not disqualify victims from seeking financial compensation through a personal injury lawsuit. However, having a pre-existing condition complicates matters and could lead to your case taking longer to resolve.

If you have been injured in an accident caused by someone else’s negligence, it is strongly recommended that you retain professional legal counsel from experienced personal injury lawyers. Our law firm has extensive experience handling various personal injury cases and would be proud to represent your interests as you pursue fair compensation for your injuries and other losses.

What Are Common Challenges in Personal Injury Cases With Pre-existing Conditions?

In most personal injury cases, the accident victim must prove that negligence caused the accident, resulting in their injuries. This usually entails proving a duty of care on the defendant’s part, showing a breach of that duty, the causation of the injury, and real financial losses associated with the injury. However, when there are pre-existing conditions or injuries, things can be more complicated. The legal matter of proving a duty of care and a breach of duty are the same, but proving causation and damages can be more challenging.

Common challenges in personal injury lawsuits where victims have pre-existing conditions or old injuries include the following:

• An insurance company may deny you full compensation for pain and suffering because they claim that your pain is due to previous medical issues.
• It can be difficult to establish that your injuries were aggravated due to the accident and that the aggravation of your injuries would not have happened otherwise.
• It is challenging to properly assess the value of future damages in cases where a new injury aggravates an old one.
• Medical professionals and thorough medical reports are often required in personal injury claims involving pre-existing conditions.
• Pre-existing mental health conditions are a very real matter, but accounting for a mental health injury and non-economic damages can be complex.
• Victims frequently require aggressive legal representation to defend their rights and interests when insurance companies attempt to minimize compensation because of pre-existing conditions.

How Could Pre-existing Conditions Impact Personal Injury Claims? 

When you hire a personal injury attorney for your case, it is essential that you inform them of your pre-existing health condition. Suppose the defendant or their representation argues that your pre-existing conditions were the cause of your health issues and not the accident that has befallen you. In that case, you will require a personal injury lawyer to represent your interests.

A personal injury law firm will know how to manage your case, determine which parts of your injuries were caused by the new accident, and determine which are potential avenues for recovering compensation.

In California, personal injury claims that involve victims with pre-existing conditions are carefully examined to ensure satisfactory outcomes for plaintiffs. California law does not allow pre-existing health conditions to be used against accident victims.

Can Mental Health Conditions Impact a Personal Injury Case?

Mental health conditions such as anxiety, depression or PTSD can also impact personal injury claims. These conditions can have debilitating effects on accident victims, particularly if they suffer severe injuries that worsen their mental health conditions.

For individuals with pre-existing mental health conditions, medical documentation that details those conditions is crucial for personal injury claims. It is essential to have up-to-date medical records of the pre-existing mental health condition before the accident, as well as medical records that show how those mental health conditions changed after the accident.

Proving mental health injuries can be challenging. Do not proceed without legal assistance. Contact our California law office to schedule your free initial consultation today.

What if an Injury Aggravates a Pre-existing Condition? 

One of the more challenging aspects of personal injury claims is proving that a pre-existing condition has worsened due to a new injury or accident. Establishing proof of aggravated injuries or other pre-existing conditions requires comprehensive medical evidence and testimony from medical professionals.

It is often necessary to demonstrate that the worsening of the pre-existing condition was a direct result of the accident and not a natural progression of the condition.

A thorough investigation of your medical history is often required to counter the argument from an insurance company that aims to devalue your maximum compensation.

What Is the ‘Eggshell Plaintiff’ Rule? 

California’s eggshell plaintiff theory is an especially relevant principle in personal injury cases involving pre-existing conditions. Under the eggshell plaintiff rule, an individual who acts negligently or recklessly will be held accountable for the harm they caused to other people as they are.

Under the eggshell plaintiff rule, this means that negligent defendants are to be held fully liable for all damages resulting from their irresponsible actions, even if they were unaware of a victim’s pre-existing conditions. This rule helps provide a certain level of protection to individuals from being unfairly penalized for having pre-existing conditions.

To better understand the eggshell plaintiff rule, please contact our California law offices to schedule your free case evaluation today.

Schedule a Free Consultation With Compassionate California Personal Injury Lawyers Today

If you have a pre-existing health condition or old injury, do not assume you are disqualified from recovering fair compensation for new or aggravated injuries following an accident caused by another person’s negligent actions. While your personal injury case may be more complex than the typical one, experienced personal injury attorneys can lend valuable legal assistance to help you get the financial recovery you deserve.

To discuss your personal injury case in more detail, please contact our law firm to schedule your free, no-obligation case evaluation with our legal team today.