Car Accident Claims with Pre-Existing Conditions

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Written by Auto Accident Team

Last Updated: September 24, 2024

Car accidents can transform a manageable health condition into a significant challenge, especially when you have pre-existing injuries. When an accident occurs, distinguishing the new injuries from pre-existing conditions becomes a critical component of your legal process. Accurately demonstrating how the accident has aggravated your existing health issues is essential, as it directly influences the evaluation and outcome of your claim. However, these issues can be complex, making it essential to have an experienced car accident lawyer in your corner. 

Fortunately, the Auto Accident Team is here to connect you with the support you need. Our network of experienced attorneys is well-versed in demonstrating the specific effects of car accidents on pre-existing conditions. By clearly establishing the link between the incident and the impact on your health issues, your attorney will strive to ensure that your compensation fully reflects the extent of your injuries and other losses.

What Are Pre-Existing Conditions?

Pre-existing injuries are medical conditions that existed before an incident, such as a car accident. These can include anything from prior surgeries and chronic conditions to old injuries that had seemingly healed. In car accident claims, these pre-existing conditions are significant because they can affect both the severity of the injury from the accident and the compensation you can recover. If a car accident aggravates a pre-existing condition, it can lead to higher medical bills, longer recovery periods, and increased pain and suffering, which should be factored into your final compensation.

However, handling claims with pre-existing injuries can be complex, and insurance companies typically argue that the damages claimed were not caused by the accident but were instead due to the individual’s existing health issues. Our attorney network has extensive experience handling claims involving pre-existing conditions and will fight tirelessly for justice on your behalf.

How to Prove Your Pre-Existing Condition Was Aggravated By Your Accident

When seeking compensation for a car accident that has aggravated a pre-existing condition, the burden of proof lies with the accident victim. It is essential to establish a clear and convincing link between the accident and the exacerbation of the condition. 

Our network of attorneys can use their extensive experience to gather crucial evidence to support your case, including the following:

  • Detailed Medical Records: Gathering both pre- and post-accident medical records helps establish your health baseline and any changes due to the accident.
  • Professional Medical Testimony: Medical professionals can provide insights on how the trauma from the accident specifically worsened your existing condition.
  • Consistent Treatment History: Demonstrating your treatment regimen before the accident can show how the incident disrupted or intensified your condition.
  • Personal Testimony and Documentation: Personal narratives and visual evidence like photos or videos can help prove your condition worsened after the accident.
  • Comparative Analysis: A comparative analysis is a detailed examination conducted by a medical professional to evaluate and document the differences in a patient’s condition before and after an event, such as a car accident.

By meticulously analyzing this evidence, your attorney can create a compelling case. They will demonstrate to insurance adjusters or a court how the car accident aggravated your pre-existing condition, thereby strengthening your claim for the appropriate compensation.

What is California's Eggshell Plaintiff Rule?

California’s eggshell plaintiff rule asserts that if you have a pre-existing condition, the defendant is fully liable for any aggravation caused by the accident, even if your condition made you more susceptible to injury. This rule ensures that individuals with pre-existing conditions receive fair compensation for their aggravated injuries.

However, proving the aggravation of a pre-existing condition can be complex. Insurance companies typically argue that your injuries are solely due to your prior condition. This is where an experienced attorney from California becomes invaluable. They can gather evidence, demonstrate how your condition was impacted, and present a compelling case. Your attorney will work to counter these insurance company tactics, ensuring that you receive the full compensation you deserve.

Ensure Fair Compensation for Aggravated Pre-Existing Injuries

Navigating the complexities of a car accident claim, especially with pre-existing injuries, can be overwhelming. The Auto Accident Team is dedicated to connecting you with experienced attorneys who can handle your claim with the care and precision it deserves. Our network of attorneys understands the challenges of proving how an accident has aggravated your pre-existing conditions and is committed to fighting for the compensation you deserve. 

With years of experience and a deep understanding of these cases, your attorney will work diligently to establish a clear and accurate link between the accident and the exacerbation of your condition. Do not let insurance companies diminish your injuries or the impact of the accident. The Auto Accident Team connects you with skilled attorneys who will advocate tirelessly on your behalf. Call us today at (877) 236-2391 or fill out our contact form.

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