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When you have been hurt in an accident caused by another person’s negligence, it is normal to hope that you can recover fair compensation for medical bills, lost wages, and the emotional trauma you have experienced. But what if you have a pre-existing medical condition? Many people worry that having a history of back problems, knee injuries, or other health challenges will prevent them from receiving what they deserve.
In California, the law acknowledges that you may be more susceptible to injury because of a pre-existing condition, but it also protects your rights through several legal doctrines. If you feel uncertain about how your health history might affect your case, consider reaching out to the Los Angeles personal injury attorneys at Banafshe Law Firm, PC, for a free initial consultation. Contact us to learn more about how we can help.
A personal injury claim aims to hold someone responsible for injuries caused by their carelessness or wrongdoing. Under California law, if you have a health issue that makes you more prone to injury or if you were already dealing with some medical complications, the question becomes how much of your current pain and disability was caused or aggravated by the accident, as opposed to what you were already experiencing.
Insurance companies often try to argue that any pain you feel is just an extension of a condition you already had. They may claim that your injuries are unrelated to the accident, which allows them to reduce or deny the value of your claim. Understanding how these pre-existing issues come into play is key if you want to fight for the full amount you deserve.
California follows a principle known as the “eggshell plaintiff” rule. This doctrine says that the person or company responsible for an accident must take their victim as they find them.
In simple terms, if you have a pre-existing condition that makes you more susceptible to harm, the defendant cannot avoid liability just because you are more fragile than someone else. They are still on the hook for the full scope of the damage they caused.
The reason for this rule is that it would be unfair to limit a victim’s recovery simply because they happen to have a medical history or disability. Whether you have a long-standing back problem or a chronic illness, you can still collect compensation for any new or worsened injuries caused by the defendant’s negligence.
One of the biggest hurdles is proving that the accident actually made your condition worse or caused a new injury altogether. You may need to demonstrate that your symptoms have changed significantly from how you felt before the incident. In addition, you must show that this change is directly linked to the defendant’s negligent actions.
Insurance adjusters often claim that your present difficulties stem from your old injury, not the collision. To counter that argument, you typically require substantial medical evidence, such as detailed records and statements from doctors who can pinpoint how much worse your condition is after the crash. If you succeed, you can recover compensation for both the aggravation of your old problem and any new symptoms.
Some people feel tempted to hide information about their pre-existing conditions, fearing it could weaken their case. In fact, not telling your lawyer or your doctors about these issues can create bigger problems down the road. If the defense finds out you have an undisclosed medical history, it can undermine your credibility and hurt your chances of a fair settlement or verdict.
At Banafshe Law Firm, we always advise our clients to be open about any ongoing medical concerns. By reviewing your full health history, we can build a more effective strategy and present your claim honestly. This transparency also prevents unexpected surprises if the other side uncovers old records showing you were treated for a similar condition years ago.
Yes, the principle remains the same for mental health. Suppose you had a history of anxiety or depression before the accident, and the traumatic event significantly worsened your symptoms. Insurance companies might claim that your current psychological state has nothing to do with the car crash.
To counter this, you may need mental health professionals to testify that the incident indeed triggered a new level of distress or post-traumatic stress disorder. Just like with physical injuries, you can seek compensation for any aggravation of your emotional or psychological conditions caused by the other party’s negligence.
At Banafshe Law Firm, PC, we understand how insurance adjusters and defense lawyers try to downplay injuries by pointing to old medical records. Our goal is to build a strong counterargument, using your detailed medical history, testimonies from credible experts, and any other pertinent evidence to establish that the accident either created a new harm or made a prior issue worse. We keep an open channel of communication so you always know what is happening. Our “no fee unless we win” approach takes the financial stress off you during an already difficult time.
It is easy to make mistakes that could weaken your claim, especially if you attempt to go through the legal system on your own. Trying to hide your pre-existing conditions is a major mistake. So is delaying medical treatment or failing to follow your doctor’s orders. Any gap in your care can give the defense an opening to argue that your injuries are your own fault.
Another common mistake is providing too little or inconsistent information about how your condition has changed since the accident. The more thorough and precise you are, the better your chances of countering the insurance company’s narrative.
If you have chronic back pain, for example, you might have been able to manage it with occasional painkillers or physical therapy before the incident. After the collision, perhaps you needed more frequent treatments, stronger medications, or even surgery.
Demonstrating that difference in care level and the impact on your quality of life is key. Keep records of every doctor’s visit, therapy session, or new prescription. Journaling about your pain levels or limitations can be useful, too, especially if you have to show how your daily life changed. Experts can then connect those documented changes to the traumatic event, proving that the defendant’s actions caused a measurable decline in your well-being.
The fundamental fairness behind this rule is that defendants should not escape liability simply because their victim was not in perfect health to begin with. Everyone deserves protection under the law. If your injuries are worse than they might be for someone without your medical background, that is the defendant’s bad luck, not yours. They must pay for the damage they cause, no matter how fragile you were. This principle helps ensure that people with prior conditions are not left with no recourse just because an insurance company claims they “would have been hurt anyway.”
Call us at 855-690-1592 or contact us online to set up your free initial consultation. Tell us about your accident, your injuries, and your medical history—our team will guide you through the legal framework, help you gather necessary documentation, and create a strategy that protects your rights. Whether you need help dealing with insurance adjusters, scheduling doctor appointments, or figuring out how to prove the accident made an old condition worse, we are here to support you.
Remember, you pay no fees unless we win, so do not wait. Contact Banafshe Law Firm, PC, and let us help you secure the compensation you need and deserve.
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