If you’ve been injured in an accident and already have a health condition, you may worry it will hurt your case. Insurance companies often use pre-existing conditions as an excuse to pay less. However, California law protects your right to fair compensation, even if you have previous injuries or health issues.
How Insurance Companies View Pre-Existing Conditions
Insurance companies look for ways to reduce or deny claims. A common tactic they use is to focus on any pre-existing health condition. For example, if you have chronic back pain, an insurance adjuster might say the accident didn’t make your back pain worse.
Some ways insurance companies may challenge your claim include:
- Questioning if the accident actually aggravated your condition
- Claiming the injury was already severe before the accident
- Trying to avoid covering your medical expenses
However, just because you had a pre-existing injury or condition doesn’t mean the insurance company can get away with paying less. An experienced personal injury attorney can help protect your rights and ensure you get the compensation you deserve.
Your Rights Under the ‘Eggshell Plaintiff’ Rule After an Accident
There is a legal doctrine that protects injured people, even if they have conditions that make them more prone to injury. This is called the “eggshell plaintiff” or the “skull rule”. Think of it this way: if you’re like an “eggshell” (vulnerable or fragile), the person who caused the accident is still responsible for all the damage they caused, even if it’s more than they expected.
Example: Imagine you had a bad knee before your car accident. After the car crash, the pain in that knee is now much worse, and you need more treatment than someone without knee issues. Under the eggshell skull rule, the person who caused the accident is still responsible for that extra harm, even though your knee was already weak.
Aggravation of Pre-Existing Conditions: What It Means for Your Claim
Another important legal concept is the “aggravation of pre-existing conditions.” This means that if an accident makes a prior injury worse, you have the right to compensation for the worsening of that injury.
To prove your case:
- Collect Medical Records – Have records from before and after the accident. These will show any new issues caused by the accident or worsened pain.
- Use Expert Witnesses – Doctors or medical experts can explain to a jury or insurance adjuster how the accident affected your pre-existing condition.
- Describe Daily Impacts – Provide examples of how the injury impacts your life, such as difficulty working or performing daily activities.
Worried about how your pre-existing condition impacts your claim? Reach out now for a free case evaluation!
How Routine Medical Checkups Strengthen Your Health and Legal Claims
Regular medical checkups are essential, especially if you have a pre-existing condition. Consistent visits to your doctor help track the baseline of your condition, making it easier to prove that an accident made things worse.
Here’s why regular checkups can strengthen your claim:
- Establish a Medical History – Routine checkups provide a clear history of your condition. If an accident worsens your condition, your recent records can help show exactly how your health changed after the accident.
- Demonstrate Consistent Care – Regular checkups show that you were actively managing your health before the accident. This makes it harder for the insurance company to argue that your injury is solely due to lack of care or prior neglect.
- Track New Symptoms Quickly – By seeing your doctor regularly, any new pain or limitations are documented immediately, helping to clearly link them to the accident.
Example:
Imagine you’ve had mild neck pain for years, and you see a doctor every few months for it. After a car accident, you start experiencing severe, constant pain that limits your ability to work. Your checkups from before and after the accident can make a strong case that the accident caused new, serious issues.
If you haven’t been keeping up with checkups, start now. Your health records are key to proving that the accident worsened your condition, ensuring you receive fair compensation.
Common Pre-Existing Conditions in Car Accident Claims
Many people have pre-existing conditions that might be made worse by a car accident. Here are a few examples:
- Chronic Back Pain or Spine Conditions – Pre-existing back issues are very common, and a car accident can easily make them worse.
- Previous Fractures or Joint Injuries – Old injuries can flare up or worsen after an accident.
- Degenerative Diseases (like arthritis) – Even if these conditions develop over time, an accident can speed up the worsening of these issues.
- Mental Health Conditions – Accidents can also worsen anxiety or depression, particularly if the trauma affects daily life.
Frequently Asked Questions
Can a pre-existing condition automatically reduce my compensation?
No, the insurance claim cannot automatically reduce your compensation because of a pre-existing condition. They are responsible for any new injuries or worsening of your old ones.
How can I prove the accident worsened my medical condition?
You can prove this with medical records and testimony from your doctor or medical experts. They can show how your condition changed after the accident.
Will I need to disclose all my medical history?
Insurance companies may request medical records, but your attorney can limit access to only what’s necessary to prove your case.
What if the insurance company claims my injury is only due to my pre-existing condition?
Your attorney can help fight back against this claim by using medical evidence and expert testimony to show that the accident made your condition worse.
Speak With an Experienced Personal Injury Lawyer
If you have a pre-existing condition and were injured in an accident, don’t assume you’re not entitled to compensation. The law protects you, and you deserve to be fairly compensated if your condition was made worse by someone else’s negligence. The experienced attorneys at El Dabe Ritter Trial Lawyers can help you file a personal injury claim. Schedule a free consultation today.
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