Yes. Even if you have a pre-existing condition, you can receive compensation if you were injured in a truck accident. An experienced truck accident lawyer can help.
That said, understanding how your condition affects your claim, navigating California’s laws, and dealing with the tactics insurance companies use can be challenging. There are steps you can take to improve your chances of receiving a fair settlement.
Remember: when determining compensation in California truck accident claims, the presence of a pre-existing condition does not automatically disqualify you. Instead, it requires careful analysis of the nature of your injuries and how the accident may have aggravated your medical condition. This process falls under what’s known as the “eggshell plaintiff rule,” which dictates that the injured party must be taken as they are at the time of the accident.
Understanding the “Eggshell Plaintiff Rule”
The “Eggshell Plaintiff Rule” is a fundamental principle in tort law that holds defendants liable for the full extent of a plaintiff’s injuries, even if the injuries are more severe due to a pre-existing condition or vulnerability.
The term “eggshell plaintiff” is derived from the idea that a person’s physical or mental condition may be as fragile as an eggshell, meaning that even a minor action by the defendant could cause significant harm.
This rule emphasizes that the defendant must “take the plaintiff as they find them.” In other words, if someone’s negligence or wrongful act causes harm, they cannot argue that the injuries were unforeseeable simply because the plaintiff was particularly susceptible to injury.
For example, if a person with a brittle bone condition sustains a serious fracture after a minor accident caused by the defendant, the defendant is still responsible for all damages, even though most people would have suffered only minor injuries.
The Eggshell Plaintiff Rule is rooted in fairness, ensuring that victims are fully compensated for the harm caused to them, regardless of their unique vulnerabilities. This also reinforces accountability, preventing defendants from escaping liability by blaming the plaintiff’s condition for the severity of the injury.
However, it does not relieve plaintiffs of the burden of proving that the defendant’s actions caused their injuries.
This rule is widely applied in personal injury cases (such as truck accidents), emphasizing the importance of protecting individuals who may have heightened vulnerabilities while holding defendants accountable for their actions.
To clarify, this rule means that if the truck accident worsened or the injuries you suffered were worse due to your pre-existing condition, you have the right to recover compensation for the exacerbation.
For example, if you have a back injury from years prior and the impact of the truck collision worsened your back pain or caused new complications, you may seek compensation for how the accident contributed to your medical condition. The party at fault is responsible for the injuries their actions caused or aggravated, even if you were more susceptible to injury than an average person.
Insurance Companies and Your Truck Accident
While California law upholds your right to compensation for an aggravated pre-existing condition, insurance companies and opposing parties will often try to minimize your claim. They may argue that your injuries were not caused or worsened by the accident but were solely the result of your previous medical condition. Here are some areas they will scrutinize:
- Medical Records: Insurance companies will request access to your medical history to analyze your pre-existing condition’s severity before the accident. They’ll look for any evidence that shows your current pain or limitations might stem from your condition rather than the accident.
- Timeline of Symptoms: Adjusters will closely review when your symptoms began or worsened following the truck accident. Demonstrating a direct connection between the trigger event (the accident) and your newly intensified symptoms is critical to building your case.
- Consistency of Complaints: If there’s a gap between the accident and your complaints regarding worsening pain or symptoms, insurers might attempt to argue that the two are unrelated.
- Compliance with Treatment: Your medical records will also be reviewed to ensure that you have adhered to prescribed treatments. Any evidence of treatment noncompliance before or after the accident may be used to diminish your claim.
By carefully evaluating these factors, insurance companies aim to balance the risk they take on with the premiums they charge, ensuring fair and accurate coverage for both parties.
We don’t include this to scare you. Rather, it’s to show just how far the insurance company could conceivably go. Belal Hamideh, when he represents clients as a truck accident lawyer, has faced all of this and worse. That the insurance company will try the above is all the more reason to work with an attorney who’s done this before. You can see Belal’s experience in his satisfied client reviews.
How Belal Hamideh Helps Truck Accident Victims Deal with Insurance Companies
Insurance companies are not on your side after a truck accident—their goal is to protect their bottom line by minimizing or denying your claim. They may use aggressive tactics to dispute your injuries, shift blame, or undervalue your suffering. That’s where Belal Hamideh steps in. As an experienced truck accident attorney, he levels the playing field, ensuring insurance companies don’t take advantage of you.
Belal understands the strategies insurers use to reduce payouts and fights back with a strong, evidence-based approach. He meticulously reviews medical records, accident reports, and witness statements to build an airtight case that proves the truck accident worsened your pre-existing condition. When insurers claim your injuries weren’t caused by the crash, Belal counters, establishing a clear link between the collision and your worsened symptoms.
Insurance adjusters often pressure victims into quick, lowball settlements before the full extent of their injuries is known. Belal shields clients from these tactics, advising against premature settlements and negotiating aggressively for maximum compensation. If the insurer refuses to offer a fair deal, he isn’t afraid to take them to court.
With Belal Hamideh in your corner, you gain an advocate who knows how to hold insurance companies accountable. His dedication ensures you’re not left fighting alone while recovering from your injuries. Don’t let insurers exploit the complexities of pre-existing conditions and truck accident injuries.
Proving Aggravation of a Pre-Existing Condition
To succeed in your truck accident claim, you’ll need to demonstrate that the accident either caused new injuries or worsened your pre-existing condition. Proving aggravation involves gathering detailed evidence and medical opinions. Here’s how you can strengthen your case:
- Obtain Thorough Medical Documentation: From the moment of the accident, seek medical treatment for all injuries, even those that might seem minor at first. Medical professionals can document how your condition changed after the accident, providing crucial evidence to support your claim.
- Connect the Accident to Aggravation: A medical expert can compare your condition prior to the accident with your condition afterward. Their evaluation should clearly indicate how the accident exacerbated your pre-existing condition.
- Show Consistency in Your Medical History: Evidence that you were managing your condition well before the truck accident can further highlight how the crash made your symptoms worse or caused new complications.
- Avoid Giving Statements Without Legal Advice: Insurance companies may question you aggressively in search of statements they can use against you. Having a legal representative guide your responses ensures that the facts are communicated accurately.
Belal Hamideh can help with all of the above and much more.
Types of Compensation You May Be Entitled To for Your Truck Accident
When filing a claim or pursuing legal action, you may be entitled to different types of compensation depending on the nature of your case. Belal will go over your case and help you determine which forms of compensation are right for you. These could include economic and non-economic compensation such as:
1. Medical Expenses
This includes reimbursement for past, current, and future medical bills related to your injury or condition. It can cover hospital stays, surgeries, medications, physical therapy, and any other treatments required for your recovery.
2. Lost Wages
If your injury or circumstances have caused you to miss work, you may be compensated for the income you’ve lost. This can also extend to loss of earning capacity if you are unable to return to your previous job or work at the same level.
3. Pain and Suffering
Compensation for physical pain, emotional distress, and mental anguish caused by your injury. This is often calculated based on the severity and long-term impact of your condition.
4. Property Damage
If your property was damaged as part of the incident (such as a car in an accident), you can seek compensation to repair or replace it.
5. Loss of Consortium
In cases where an injury affects your relationship with a spouse or family member, you may be entitled to damages for loss of companionship, support, or intimacy.
Each case is unique, and the types and amounts of compensation you may qualify for will depend on your specific situation and the applicable laws. Consulting with a qualified attorney can help you understand your rights and maximize your potential compensation.
California law does not place a cap on non-economic damages for most truck accident claims unless the case involves medical malpractice. This factor ensures that you can pursue full compensation for your losses if negligence aggravated your pre-existing condition.
Common Pre-Existing Conditions Often in Dispute
The nature of pre-existing conditions can greatly influence your claim. Some conditions that commonly become points of contention include:
- Spinal Injuries (e.g., herniated discs, slipped discs): Truck accidents can worsen conditions like chronic back pain or cause complications requiring surgery.
- Arthritis: Joint and bone conditions can become more painful or restrictive following the high-impact force of a collision.
- Mental Health Conditions (e.g., anxiety, depression): If a truck accident exacerbates pre-existing mental health struggles, you could recover damages for the additional emotional toll.
- Prior Brain Injuries or Concussions: Additional trauma to the head in a truck collision can significantly worsen these pre-existing conditions.
- Heart Conditions (e.g., high blood pressure): The stress and physical trauma of an accident may intensify symptoms and require additional medical care.
Insurance companies often focus on these conditions and attempt to attribute your current issues solely to them. Ensuring proper documentation of the effects of the accident is key to rebutting such arguments.
How California’s Fault Laws Impact Your Claim
California follows the comparative negligence doctrine, meaning that even if you share some fault for the accident, you can still pursue compensation. However, your compensation may be reduced in proportion to your degree of fault. For instance, if the court finds you 25% responsible for the accident, your total damages will be reduced by that percentage.
This rule applies whether or not you have a pre-existing condition. If you can demonstrate that the truck driver or another party was negligent and caused or worsened your injuries, you are eligible to recover compensation.
Why Representation Matters
Representation is crucial because it shapes how individuals see themselves and how they are perceived by others. When people from diverse backgrounds see themselves reflected in media, leadership, or other influential spaces, it fosters a sense of belonging and validation. It sends a powerful message that their voices, experiences, and identities are valued and included.
In environments where representation is lacking, individuals may feel invisible or excluded, which can lead to marginalization and missed opportunities for meaningful contributions. Representation also promotes empathy and understanding by exposing people to perspectives and experiences different from their own. It breaks down stereotypes, challenges biases, and drives progress in creating a more inclusive and equitable society.
Ultimately, representation isn’t just about checking a box—it’s about creating spaces where everyone feels seen, respected, and empowered to thrive.
Cases involving truck accidents and pre-existing conditions are particularly nuanced. Trucking companies and their insurers often employ aggressive strategies to minimize or deny claims. Without a legal advocate, it becomes easier for insurers to exploit the complexity of pre-existing conditions to their advantage.
Additionally, truck accidents often involve multiple potentially liable parties, such as the truck driver, trucking company, truck manufacturer, or even those responsible for the cargo. A qualified attorney can identify all liable parties and gather evidence to build a compelling case. Prompt legal action also ensures compliance with California’s statute of limitations, which is two years for most personal injury claims.
An Experienced Truck Accident Lawyer Who’s Ready to Help
If you’ve been injured in a truck accident and have a pre-existing condition, it’s understandable to worry about how this will affect your claim. However, California’s laws ensure that you have the right to recover compensation for the ways the accident worsened your condition or caused new injuries. By documenting your condition thoroughly, connecting it to the accident, and working with a qualified attorney, you can pursue the compensation you deserve.
For personalized assistance with your truck accident claim, Belal Hamideh can help you through every step of the legal process. You deserve a resolution that fully addresses the impact of the accident on your health and well-being.
Reach out to discuss your case during a free case evaluation.