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How Do Pre-Existing Conditions Impact My Personal Injury Claim?
When you file a personal injury claim, the defendant’s insurance company will likely scrutinize your medical history. If you have a pre-existing condition, they may argue that your injuries were not caused by the accident but were instead a result of your prior health issues. This is a common strategy used by insurance companies to reduce the amount they have to pay out in claims. In California, the legal principle of the “eggshell plaintiff” applies. This means that defendants must take their victims as they find them. If you had a pre-existing condition that was aggravated by an accident, the defendant is still responsible for the full extent of your injuries. However, proving that your injuries were exacerbated by the accident and not simply a progression of your pre-existing condition can be a complex task. This is where the assistance of a talented attorney can be invaluable.
What if My Pre-Existing Condition is Mental or Emotional?
Pre-existing conditions aren’t limited to physical ailments. They can also include mental or emotional conditions, such as depression, anxiety, or post-traumatic stress disorder (PTSD). If an accident exacerbates these conditions, you may be entitled to compensation for your emotional distress. For instance, if you had managed your anxiety effectively with therapy and medication, but a car accident triggers severe panic attacks, the defendant could be held responsible for the worsening of your condition. However, proving the aggravation of a mental or emotional pre-existing condition can be particularly challenging, as these conditions are often subjective and lack the concrete evidence that physical conditions might have.
What if I Have Multiple Pre-Existing Conditions?
Having multiple pre-existing conditions can complicate your personal injury claim, but it doesn’t necessarily weaken it. In fact, under the “eggshell plaintiff” rule in California, the defendant is responsible for all injuries caused or exacerbated by the accident, regardless of how many pre-existing conditions you have. For example, if you have a pre-existing heart condition and a back problem, and a car accident triggers a heart attack and worsens your back pain, the defendant could be held responsible for both outcomes. However, having clear medical documentation for each of your conditions can help establish a baseline for your health before the accident and show how the accident aggravated your conditions.
What if My Pre-Existing Condition is a Chronic Illness?
If you have a chronic illness that was exacerbated by an accident, you may be entitled to compensation. Chronic illnesses, such as diabetes, heart disease, or arthritis, can be considered pre-existing conditions. If an accident worsens these conditions, the defendant could be held responsible. For instance, if you have controlled diabetes but a car accident causes severe stress that disrupts your blood sugar control, the defendant could be held liable for the worsening of your condition.
However, proving the aggravation of a chronic illness can be challenging, as these conditions often have fluctuating symptoms.
What if My Pre-Existing Condition is a Disability?
If you have a disability that was exacerbated by an accident, you may be entitled to compensation. Disabilities, whether physical or mental, can be considered pre-existing conditions. If an accident worsens your disability, the defendant could be held responsible. For example, if you have a mobility impairment due to a previous injury, and a car accident causes further damage that reduces your mobility even more, the defendant could be held liable for the worsening of your condition. However, proving the aggravation of a disability can be complex, as disabilities often involve both physical and mental health components.
What Should I Do if My Pre-Existing Condition Has Been Aggravated by an Accident?
If you have a pre-existing condition that was worsened by an accident, seek immediate medical attention. Your doctor can document the changes in your condition, which can serve as critical evidence in your personal injury claim. For instance, let’s say you had a dormant back condition that didn’t affect your daily life. However, after a car accident, you start experiencing severe back pain that limits your mobility. Your doctor’s records showing this change can help establish that the accident aggravated your condition. It’s also important to be honest about your pre-existing conditions. If you try to hide them, the insurance company may use this against you, arguing that you’re not trustworthy. Transparency about your health history can actually strengthen your claim.
How Can I Strengthen My Personal Injury Claim?
There are several strategies you can use to strengthen your personal injury claim when you have a pre-existing condition. First, maintain thorough and accurate medical records. These can provide a clear picture of your health before and after the accident. Second, follow your doctor’s advice closely. If you fail to follow medical advice or miss appointments, the insurance company may argue that you’re not taking your injuries seriously. Third, be consistent in your statements about your injuries. Inconsistencies can be used against you, so be clear and consistent when describing your injuries and how they’ve affected your life. Finally, hire an experienced attorney. They can guide you through the process, help you avoid common pitfalls, and advocate for your rights.
How Can an Experienced Attorney Help Me Navigate These Challenges?
An experienced attorney can help you navigate the complexities of a personal injury claim involving pre-existing conditions.
They can gather and present evidence to show that your condition was aggravated by the accident. This might involve obtaining medical records, consulting with medical experts, and possibly even arranging for an independent medical examination. A skilled attorney can counter the insurance company’s attempts to downplay your injuries. They can argue that, under California’s “eggshell plaintiff” rule, the defendant is responsible for all your injuries, even if a pre-existing condition made you more susceptible to harm.
If you have been involved in an accident and have a pre-existing condition, call the Weinberger Law Firm today at 916-661-4464 for a free case evaluation!
