Can a Pre-Existing Injury Affect My Personal Injury Claim?
Personal injury claims in Roseville, CA often involve people who already have had past medical issues, and it’s natural to worry if these pre-existing conditions will make it harder to recover compensation after an accident. Many injured people hesitate to pursue a claim at all, thinking previous back pain or an old knee surgery will mean they’re completely out of luck. Knowing how the law handles these situations is vital to ensure you get the recovery you actually deserve.
What Is a Pre-Existing Condition?
In a personal injury case, a “pre-existing condition” refers to a health problem or injury that existed before the accident happened. Common examples include chronic back pain, old slip-and-fall injuries, arthritis, healed fractures, past surgeries, or ongoing issues with joints. Even if something hasn’t caused you much trouble for years, insurance companies may investigate and question its role in your current pain and symptoms.
Can You Still Recover Compensation If You Have a Pre-Existing Condition?
Yes, California law usually still allows you to seek compensation in these situations. The “eggshell plaintiff rule” is built into personal injury law: it means the person who caused your accident can’t avoid responsibility simply because you were more vulnerable or had an old injury.
Essentially, the defendant must take each person as they find them. If a new accident aggravates your prior condition or makes you worse, the at-fault party may owe you damages for all the resulting harm, even if someone else with no prior problems would have had an easier recovery.
The Aggravation of a Pre-Existing Condition
Legally, “aggravation” means that an accident or traumatic event made an old injury or health problem worse. This could mean pushing a manageable back injury into chronic pain or turning occasional knee soreness into a constant issue. In California, you can recover compensation specifically for how much the accident worsened your pre-existing condition, usually referred to as “exacerbation.”
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance adjusters almost always try to limit what they pay if a claimant has a history of medical issues. They use several strategies designed to reduce their responsibility:
Arguing Injuries and Pain Were Not Caused by the Accident
Adjusters may claim that the symptoms you are experiencing simply can’t be blamed on the most recent accident. They might say your current injuries would have surfaced anyway, even if this particular event had never taken place.
Claiming Pain Was Already Present
Insurers often argue that you were suffering from chronic discomfort, pain, or limitations long before the incident. They may argue that your new complaints are nothing but a continuation of those old issues, which justifies cutting the amount they pay.
Requesting Prior Medical Records
In almost every claim involving pre-existing injuries, the insurance company will request your prior medical records. The goal is to go through and find evidence that your current pain is something you were already experiencing and not a result of the accident.
Because pre-existing injuries can make claims a little bit more complicated, it’s important to speak with a Roseville accident lawyer as soon as possible.
Common Mistakes to Avoid When Dealing With Pre-Existing Injuries
If you’re in an accident and you were already dealing with certain medical conditions and pre-existing injuries, there are certain steps you should take, and mistakes to avoid that can help you with your accident claim.
Don’t Hide Prior Injuries
Some people think it’s best to try to hide any pre-existing injuries they experienced because they’re worried that their current claim won’t be taken seriously. However, not sharing all your previous injuries or health conditions will usually come back to hurt you in the end. If the insurer discovers these injuries later, it will damage your credibility and could put your claim at risk.
Don’t Delay Medical Treatment
Waiting too long to seek medical help can make it seem like your injuries aren’t that serious or were possibly caused by something else. Fast medical documentation is essential for proving what was made worse or newly injured in the accident.
Avoid Discussing Your Condition on Social Media
Talking about your accident or health status online may give the insurance adjuster material to use against you. Even innocent posts can be twisted to downplay your injuries or show contradictions in your claim.
If you’re dealing with pre-existing injuries, you want to get legal help as soon as possible to make sure you don’t do anything that could accidentally harm your claim. Reach out to our team today to schedule your free consultation and learn what to do next.