The Impact of Pre-Existing Conditions on Personal Injury Claims
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Pre-existing health conditions don't automatically negate a personal injury claim.
Insurance companies and defense attorneys would like you to think otherwise. But as the injured party, it's up to you to know the facts and fight for the compensation you deserve.
The good news is…
California's Eggshell Plaintiff law fully protects people who have suffered prior injuries. All you need to do is understand how this law applies to your claim.
We'll cover:
How Pre-Existing Conditions Work in Injury Cases
How the Eggshell Plaintiff Rule Applies to You
Insurance Company Tactics You Can Expect
Actions You Can Take to Maximize Your Claim
Pre-Existing Conditions Explained
A pre-existing condition is any medical problem or injury you had before the accident in question.
This can be a prior sports injury. Or it can be a current health issue like arthritis. Diabetes. Mental health issues. Old surgery. Anything that may or may not affect how you respond to a recent accident.
Some common examples of conditions that may affect a California injury case include:
Previous back or neck injuries
Neck and back conditions like degenerative disc disease
Prior concussions or traumatic brain injuries
Ongoing chronic pain disorders
Mental health problems like anxiety and depression
The Eggshell Plaintiff Doctrine
California personal injury law is meant to protect the most vulnerable among us.
That's where the Eggshell Plaintiff doctrine comes in. As the name implies, this law protects those with "glass bodies" or weak medical conditions.
In a nutshell:
California law requires negligent parties to accept their victims "as they find them". That means the defendant must take full responsibility for all the injuries they caused... even if the accident made a pre-existing condition much worse than normal.
Let's say someone with osteoporosis gets rear-ended by a negligent driver and suffers a compressed spinal fracture. Even if a healthy person would have been fine in the accident… the driver can't use that as a defense to not pay.
In fact, California cases show an insurance company's arguments are "foreclosed" by the Eggshell Plaintiff doctrine. If the crash made the plaintiff's pre-existing condition much worse, the defendant is responsible for all of the damages.
Johnson Attorneys Group in California knows how the doctrine works. And they know how to use it in negotiations with insurance companies.
Their attorneys know how to fully apply the law to strengthen your case and maximize your recovery.
The Tactics of Insurance Companies
Insurance adjusters work for the insurance company, not you.
If you give them an inch, they'll take a mile. That means even if you have a pre-existing condition, they will use every tactic they can think of to minimize or completely deny your claim.
They might:
Shift all the blame for your current condition onto your old injury
Argue you suffered no new damage in the accident
Offer a ridiculously lowball settlement "deal"
Deny your claim outright if you fail to disclose the condition
The insurance company will know about the Eggshell Plaintiff rule. The chances are… you won't.
So they'll fight your claim hard. They'll make you feel like you don't have a chance. Then they'll try to convince you to take whatever they're willing to pay.
What You Need to Prove
In a personal injury claim, the central point is usually to show the defendant was negligent.
In the case of pre-existing conditions, the standard is shifted slightly. The burden is on you to show the accident made your prior injury or medical condition worse.
That's it.
You do not need to show you were in 100% perfect health before the accident. That's not the legal standard.
You only need to show the accident aggravated your condition and made it worse. And once again, the Eggshell Plaintiff doctrine applies. It does not matter if the injuries were "typical" or "severe" as a result. The defendant must take full responsibility for what they caused.
Proving this takes a combination of documentation, expert testimony, and skilled legal strategy.
How to Maximize Your Personal Injury Claim
If you want the best chance at maximizing your claim… there are several steps you can take to help yourself.
First and foremost:
Tell the truth. Don't be ashamed to speak up about your pre-existing condition. Omitting medical history is among the worst things you can do in a personal injury case. At some point, the insurance company will probably find out anyway… and when they do, they'll probably use it as grounds to deny your claim entirely.
Don't make that mistake. It is important you are completely honest with your lawyer so he or she can tell you how to properly handle this sensitive information. So be open with them.
Next:
Get medical treatment right away. Waiting a long time to seek treatment is the number one way to allow insurance companies to claim your injuries aren't serious or weren't caused by the accident. Even if the doctor does not order treatment right away, go anyway and let them confirm your injuries in their notes.
Follow treatment recommendations. Take all medications as prescribed. Keep all appointments. Do your physical therapy. Show them you are doing everything you can to try to heal your injuries.
Don't accept the first offer. Over 95% of cases settle before trial. Insurers know that. And what they do as a result is offer a ridiculously low initial offer in the hopes that you'll take it and be done with it.
Patience is key.
The Role of Your California Personal Injury Attorney
Insurance companies try to get tricky. They use every tactic at their disposal to shift blame and maximize their profits.
They know personal injury law. They know how to game the system. And if you're on your own without an attorney, you are at a distinct disadvantage from the start.
Research shows those that retain legal counsel are far more likely to receive the highest recoveries.
An experienced California personal injury attorney like Johnson Attorneys Group in California understands how pre-existing conditions affect personal injury cases and knows how to overcome them.
Wrapping Up
The Eggshell Plaintiff doctrine does not favor insurance companies.
They love to say that your pre-existing condition will result in a denial of your claim. But that's not true. And you have rights under the California personal injury laws.
In fact, you can even recover compensation for a prior injury if it was made worse in an accident.
Pre-existing conditions don't automatically disqualify a claim.
To close, keep these points in mind:
You have the right to fair compensation for pre-existing conditions that were made worse by a California accident.
The best way to combat insurance company tactics is to be open and honest about your medical history.
Good documentation of your injuries is key to success.
Skilled legal representation is highly advisable if you have a pre-existing condition or prior injury.
