Pre-Existing Conditions and Personal Injury Claims: Do You Still Have a Case?

• A pre-existing condition does not disqualify your personal injury claim if the accident worsened your condition.
• While insurers may vigorously fight your claim, clear documentation of your condition before and after the accident, along with expert medical opinions, can strengthen your case.
• Working with a trusted personal injury law firm like OakTree Law can help you build the strongest possible case and counter aggressive insurer tactics.

If you were involved in an accident due to someone else’s negligence, it may have worsened an injury or condition you were already suffering from. You may be wondering how your prior medical history impacts your right to seek compensation for the pain and suffering you’re now experiencing.

Can you still sue with a pre-existing condition?

The answer is yes, you can pursue an injury claim with a prior medical condition. However, crafting a strong legal strategy is even more important when the claim involves aggravation of a pre-existing injury or condition. Here, we’ll provide guidance in understanding how personal injury claims and pre-existing conditions coexist under California law, and how skilled legal counsel can help you build a successful case.

Pre-Existing Conditions Do Not Disqualify Personal Injury Claims

There are countless examples of how aggravation of a pre-existing injury can occur due to an accident. Maybe you already had a herniated disc, and now a car accident has made your back pain more severe. Or you might have injured your shoulder in a sports activity, but now a slip-and-fall accident has caused damage that requires surgery.

No matter how serious your situation was before your accident, you CAN sue with a pre-existing condition. California law allows you to recover damages whenever an accident has led to:

• Increased pain or reduced mobility.
• New symptoms.
• Accelerated worsening or degeneration.
• The need for additional or more invasive treatments.
• Longer recovery times.
• A reduction in your ability to work or carry out daily activities.
• A decline in your overall quality of life.

Your Protection

Your right to pursue a pre-existing condition personal injury claim is protected by a concept referred to as the “eggshell plaintiff rule.” Essentially, even though you may have been in a more fragile condition than the average person, defendants are still responsible for the entire outcome of the accident.

How Insurers Approach Aggravation of Pre-Existing Injury Claims

Insurance companies often aggressively argue against paying out full damages allocations in these cases. Typical tactics they use to dispute the value of your pre-existing condition accident claim include:

• Blaming your symptoms entirely on your prior condition.
• Arguing against a connection between liability and causation. Insurers claim their client has no liability for the accident because it didn’t cause “new” harm.
• Claiming your condition would have naturally worsened, regardless of the accident.
• Downplaying the severity of your aggravation.

The Role of Records and Documentation

Simply stating that your accident resulted in aggravation of your injury isn’t sufficient to support your pre-existing condition personal injury claim. Your case is stronger if you provide clear documentation of your condition before the accident and how it changed or worsened afterward.

Medical Documentation

Consistency in treating and reporting symptoms both before and after the accident is critical, and this is best shown through your medical records. The most helpful evidence includes:

• Diagnosis and treatment records for your pre-existing condition.
• Thorough post-accident evaluations.
• Physicians’ opinions that link the accident to the aggravation.

Following prescribed treatment plans after your accident is always essential. In the case of a pre-existing condition personal injury claim, showing you were appropriately treating your condition before the accident can also go a long way in securing full compensation.

How Legal Guidance Can Help You Successfully Sue With a Pre-Existing Condition

While it may be clear that you can sue with a pre-existing condition, you might have one lingering question.

Does a prior injury affect your settlement value?

It can. That’s why a detailed legal review of the nature of your pre-existing condition, the severity of the aggravation, and the quality of supporting medical evidence is essential for determining the value of your claim.

With pre-existing condition personal injury claims, no two cases are the same. Working with a personal injury attorney with extensive experience is key.

Place Your Trust in OakTree Law

At OakTree Law, your case will be evaluated with compassion and complete honesty. We’ll assess your situation and guide you in taking the right steps. And if a pre-existing condition personal injury claim is in your best interest, we will fight tirelessly to secure every penny you deserve.

The OakTree professionals can help clearly define the difference between your prior condition and your current symptoms. Our attorneys have faced down every type of argument the insurance companies present and successfully challenged their attempts at getting away with paying less. And thanks to our no-win, no-fee guarantee, you won’t pay if we don’t secure compensation.

If you’re considering a claim following the aggravation of a pre-existing injury, schedule your FREE case evaluation with OakTree Law today.