Life can change in an instant when you’re involved in an accident. The physical and emotional toll can be overwhelming, but the stakes are even higher when you have a pre-existing medical condition. Injuries from your accident can exacerbate your pre-existing condition and affect your health, financial stability, and overall well-being for years to come.
Having a pre-existing condition does not stop you from pursuing justice and compensation after an accidente caused by someone else’s negligence. But when dealing with a reclamación por daños personales, especially one complicated by a pre-existing condition, it’s essential to have competent and experienced legal representation to protect your best interests.
What Is a Pre-Existing Condition in Personal Injury Law?
En personal injury law, a pre-existing condition refers to any medical condition or injury that you had before the accident occurred. These can range from chronic illnesses such as arthritis o diabetes, to previous injuries such as back pain o un previous broken bone.
Common pre-existing conditions that can affect your reclamación por daños personales incluyen:
- Arthritis – Chronic joint inflammation that can be aggravated by physical trauma.
- Diabetes – Can complicate healing and worsen after a significant injury.
- Degenerative Disc Disease – A spinal condition that can worsen after an accidente.
- Osteoporosis – Weakening of bones that can increase the risk of fractures.
- Previous Fractures – Bones broken before may be more easily re-injured.
- Back and Neck Pain – Chronic pain conditions can be exacerbated by trauma.
- Fibromyalgia – Widespread pain can be intensified by an acute injury.
- Migraines – Chronic headaches can be triggered or worsened by head trauma.
- Asthma – Respiratory conditions can get worse under certain environmental conditions in an accident, especially those involving construction sites with hazardous materials.
- Heart Disease – Can complicate recovery and get worse with stress or injury.
- Chronic Obstructive Pulmonary Disease (COPD) – A lung condition that can be exacerbated by injury or exposure to harmful substances.
- Post-Traumatic Stress Disorder (PTSD) – Pre-existing psychological conditions can be triggered or worsened after a traumatic accident or incident.
- Hypertension (High Blood Pressure) – Can worsen with stress and physical trauma.
- Autoimmune Disorders – Conditions like lupus or rheumatoid arthritis can get worse.
- Epilepsy – Seizure disorders can be affected by head injuries or stress.
- Tendinitis – Inflammation of tendons that can worsen with physical trauma.
- Cáncer – Conditions in remission may be impacted by physical stress.
- Chronic Fatigue Syndrome – A condition that affects your daily life can worsen with the added physical or emotional stress after an accident.
Can I Still File a Personal Injury Claim If I Have a Pre-Existing Condition?
Having a pre-existing condition does no disqualify you from seeking compensation with a demanda por lesiones personales. However, it does add a layer of complexity to your case.
In fact, California law recognizes that an accidente puede make a pre-existing condition worse. You can seek compensation for this aggravation, but you must carefully document your condition before and after the accident or incident causing your injuries. In addition, you need a solid legal strategy to prove that negligencia ajena made your condition worse.
The key to these types of cases is demonstrating that the accident caused your condition to worsen. This is where experienced legal representation becomes vital. A skilled attorney will gather comprehensive medical records, expert testimonies, and other types of pruebas a build a compelling case that shows how the defendant’s negligence negatively impacted your health beyond what your pre-existing condition would’ve caused alone.
Insurance companies often attempt to downplay or deny claims by arguing that your injuries weren’t caused by the accident but rather stem from your pre-existing condition. This is where California’s “eggshell plaintiff” rule comes into play. This legal principle protects individuals by requiring defendants to take plaintiffs “as they find them” – pre-existing conditions and all.
Understanding the “Eggshell Plaintiff” Rule in California
California’s “eggshell plaintiff” rule es un fundamental principle in personal injury law that’s especially relevant in cases with pre-existing conditions. Under this rule, a person who acts negligently or recklessly is responsible for the people they harm “as they are.”
This means that if you have a pre-existing condition that makes you more vulnerable to injury, a negligent defendant is still fully liable for all the damages that result from their actions – even if they didn’t know about your pre-existing condition. This rule protects vulnerable individuals from being unfairly penalized for having pre-existing conditions.
In California, the “eggshell plaintiff” rule plays a crucial role in making sure that accident victims receive the compensation they deserve, regardless of their health status before the incident. This rule can make a significant difference in the outcome of your personal injury case.
Por ejemplo, if you have a fragile back because of a previous injury and a negligent driver T-bones your car, aggravating your condition, the “eggshell plaintiff” rule makes sure that the negligent driver is responsible for todos of your damages. They can’t argue that they’re not responsible just because your pre-existing condition made you more likely to get injured worse than a person without your condition might have been.
Will Insurance Companies Use My Pre-Existing Condition Against Me?
Unfortunately, compañías de seguros don’t actually have your best interests in mind. They’re more interested in protecting their profits, which means their primary goal is to minimize your financial recovery as much as they possibly can. To this end, insurance companies often attempt to use pre-existing conditions against claimants in personal injury cases.
One of the strategies that insurance companies use involves arguing that the accident didn’t cause your injuries – that instead, your injuries are merely a continuation of your pre-existing condition. This tactic can be challenging if your medical history shows long-standing issues that the insurance company claims are responsible for your current pain or disability.
But a pre-existing condition does no disqualify you from receiving the full financial compensation that you deserve after your accident. The key is to clearly demonstrate that the accident or incident aggravated your condition o caused new injuries. This requires detailed medical records, expert testimony, and a strategic legal approach.
En experienced personal injury lawyer can counter the insurance company’s arguments by proving how the accident directly impacted your health beyond your pre-existing condition. At Sepulveda Sanchez Accident Lawyers, we work to ensure that your claim is fairly assessed and that you receive the maximum compensation you deserve.
Póngase en contacto con nosotros to get started on recovering damages for your injuries.