Many of us go through life having endured some injuries in the past or developed various medical conditions. Many car accident victims are afraid that if they had a pre-existing injury or condition, they won’t be able to recover compensation if they were newly injured. However, this is a complex legal issue, and car accident victims might not be prohibited from recovering compensation.
An experienced personal injury attorney from Belal Hamideh can evaluate your situation and explain your legal rights.
What Is a Pre-Existing Condition?
Pre-existing conditions are injuries or medical conditions that a person had before the car accident. This could be various conditions, such as:
- Traumatic brain injuries
- Degenerative disc disease
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Spinal stenosis
- Arthritis
- Nerve disorders
- Soft tissue injuries
- Ruptured discs
Having pre-existing injuries like these can make a person more susceptible to future injuries. According to the National Highway Traffic Safety Administration, motor vehicle accidents are a leading cause of injuries in the United States, with more than 2.4 million people on average suffering from such injuries each year.
How Insurance Companies Treat Pre-Existing Injuries
If you have a pre-existing injury or condition, the insurance company might try to blame your current injuries on your previous medical condition.
You might hear from the insurance adjuster that this disqualifies you from pursuing compensation. They may state it is the insurance company’s policy to deny claims when such conditions are present. However, this is not California law, and you do not have to accept this reason for your claim denial.
While having a pre-existing condition can make it more difficult to prove the accident caused your new injuries, this alone does not preclude you from recovering compensation. An experienced attorney can negotiate with the insurance company on your behalf and explain why it should be held responsible for your new injuries.
What Is the Eggshell Plaintiff Rule?
The eggshell skull doctrine is a legal concept involving an imaginary plaintiff whose skull is as thin as an eggshell. This pre-existing condition makes the plaintiff more vulnerable to injuries. However, the eggshell doctrine holds that a negligent party does not escape liability because of this inherent vulnerability.
Under California’s fault-based system, the at-fault driver is responsible for paying for the damages they cause another party due to their negligence, which might include medical costs, lost income, property damage, and pain and suffering. Even if the victim was particularly susceptible to injuries due to a pre-existing condition, this does not negate the other driver’s duty of care or their breach of duty. The condition didn’t cause the accident. The at-fault driver’s negligence did, so they should be responsible for paying for damages.
Legal Grounds to Recover Compensation
Under California law, accident victims can recover compensation even if they had pre-existing injuries if they suffered new injuries or the new injury caused them to suffer new symptoms or aggravations of previous injuries.
How to Prove the Difference Between Pre-Existing Injuries and Current Ones
Recovering fair compensation when you have pre-existing conditions largely depends on your ability to differentiate your pre-existing injuries from your new ones. Your medical records will play a critical role in this, such as:
- Information about your medical history
- Diagnostic tests, such as the results of CAT scans, CT scans, or X-rays, that show a new injury
- Your official medical diagnosis
- Medical opinions or physician testimony at mediation or court hearings
- Medical records from your old and new injuries
- Expert evaluations
- Expert testimony at court
Experienced personal injury lawyers can help gather your treatment records and obtain medical expert opinions to support your claim.
What You Should Do After an Auto Accident Involving Pre-Existing Injuries
If you were injured in a car crash and have an existing medical condition, take the following steps to protect your legal rights:
Report the Accident
You should still call the authorities to report the accident. This can ensure that law enforcement responds to the scene of the accident and prepares an official report. They can also deploy emergency services if you need them.
Seek Medical Attention
Seek immediate medical attention, even if you were injured in the same part of your body as you have been injured before. You could be suffering from a flare-up or an aggravation of your preexisting injuries.
Document the Accident
Use your camera phone to take pictures or record videos of the accident scene. Video evidence can be particularly powerful, as it can help recreate the scene for future evaluation by insurance adjusters or juries.
Attend All of Your Medical Appointments
Keep all of your medical appointments to show that you are taking the situation seriously. If your personal injury lawyer refers you to a medical expert for further evaluation, be sure to attend that appointment, too. When you work with healthcare professionals, be sure to provide clear information about both new and old injuries.
Contact an Experienced Car Accident Lawyer
An experienced auto accident lawyer can provide aggressive legal advocacy throughout the life of your claim.
At Belal Hamideh, we work on a contingency basis. This means that payment for our legal services is contingent upon or conditioned on our ability to recover compensation for you. If we don’t win your case, you don’t pay the contingency fee.
How a California Personal Injury Attorney Can Help with Your Car Accident Claim Involving Pre-Existing Injuries
Your personal injury claim will likely be more complicated if you have pre-existing medical conditions than if you did not. An experienced lawyer from Belal Hamideh can help with your car accident claim by:
- Explaining your legal rights under the circumstances
- Helping you receive the medical treatment you need
- Working with your medical providers to obtain medical documentation to contrast your current conditions with your former ones
- Providing medical evidence to show how the new injuries have aggravated your pre-existing injuries
- Accurately assessing the impact of pre-existing conditions on your life
- Assembling police reports, witness statements, medical records, expert opinions, and other evidence to prove your claim
- Accounting for the full extent of your economic damages and non-economic damages
- Filing your insurance claim on your behalf
- Fighting for maximum compensation through settlement negotiations with the insurance carrier
- Advising you whether a settlement offer is in your best interest or if you should go to court
- Taking legal action within the statute of limitations
- Working to minimize any degree of fault attributed to you through comparative negligence principles
- Representing you in any personal injury lawsuits you decide to file
Call us today for more information on how we can help you navigate the California court system.
Contact Our Personal Injury Law Firm for a Free Case Review
At Belal Hamideh, we have handled many personal injury claims. We bring years of experience to the table that we leverage in every personal injury case we handle. We welcome you to complete our online contact form or call us for a free consultation.