How Do Pre-Existing Conditions Affect My Personal Injury Claim?

If you’ve been injured in an accident, you’re likely wondering how your pre-existing conditions affect your personal injury claim. We understand that insurance companies will scrutinize your medical history, looking for any opportunity to argue that your injuries are not entirely the result of the accident.

At J&Y Law, we know that thorough documentation and a clear understanding of the legal landscape are important in securing fair compensation for your suffering.

Consulting with a Los Angeles personal injury lawyer can help you build a strong case and ensure that your pre-existing conditions do not negatively impact your claim. We’ve recovered over tens of millions of dollars for our clients.

What Is a Pre-Existing Condition in the Context of Personal Injury?

When you’re involved in a personal injury accident, the insurance company or defendant will likely scrutinize your medical history to identify any pre-existing conditions. A pre-existing condition is a medical issue that existed before the accident, such as a previous injury, illness, or disease. 

Examples include chronic back pain, diabetes, or a previous broken bone. The legal implications of pre-existing conditions can affect personal injury claims. Insurance companies may argue that your condition, rather than the accident, is the primary cause of your current symptoms or injuries. 

Understanding the definition and examples of pre-existing conditions is important for going through the legal landscape of personal injury claims. It’s necessary to consult with an experienced attorney to guarantee that your rights are protected and increase the chances that you receive fair compensation for your injuries.

How Do Insurance Companies Use Pre-Existing Conditions Against You in Your Personal Injury Claim?

Insurance company adjusters will argue that your pre-existing condition, rather than the accident, is the primary cause of your injuries or exacerbates your current condition. This can lead to claim adjustments, reducing the amount of compensation to which you are qualified for.

To make their case, insurance companies will scrutinize your medical history, looking for any mention of the pre-existing condition. They’ll also try to obtain statements from your doctors or other medical professionals, hoping to find evidence that supports their argument. 

Our team has over 80 years of combined experience that we will utilize to build a strong case, demonstrating to the insurance company that you are eligible for compensation.

Documenting Your Pre-Existing Condition Before the Accident

Having a thorough record of your pre-accident medical history can greatly impact your personal injury claim. Keep detailed medical records, including doctor’s notes, test results, and medication lists. 

These records will help establish a baseline for your condition, making it easier to distinguish between pre-existing injuries and those sustained during the accident. Additionally, maintain a record of your daily activities, symptoms, and any limitations you experience due to your pre-existing condition. 

This documentation will provide valuable context for your accident documentation, helping to build a stronger case for your personal injury claim. By taking proactive steps to document your pre-existing condition, you’ll be better prepared to handle the claims process and increase the chances that you receive fair compensation.

Establishing a Clear Causal Link Between the Accident and Your Injuries in Los Angeles

As you explore the claims process, an important aspect of your personal injury case comes into focus: establishing a clear causal link between the accident and your injuries. 

This means demonstrating that the accident directly caused or exacerbated your injuries, rather than simply coinciding with them. To achieve this, your medical records and injury assessment will be key in illustrating the extent of your injuries before and after the accident. 

By comparing your pre-accident and post-accident medical history, your legal team can build a strong case for a causal relationship between the accident and your injuries. A thorough injury assessment will help identify any new or worsened conditions, allowing your legal team to argue that the accident was the direct cause of your injuries.

The Eggshell Plaintiff Rule and Its Implications

When evaluating the causal link between an accident and your injuries, it’s equally important to take into account pre-existing conditions that the incident may have exacerbated. This is where the eggshell plaintiff rule comes into play. 

As an eggshell plaintiff, you’re considered more susceptible to injury due to your pre-existing conditions. The legal implications of this rule are significant, as it acknowledges that you’re more prone to severe injuries or complications. 

Fundamentally, the defendant takes the plaintiff as they find them, including any pre-existing conditions. This means that if the defendant’s actions exacerbated your pre-existing condition, they may be held liable for the full extent of your injuries, even if they wouldn’t have been as severe in someone without the condition.

Strategies for Overcoming Pre-Existing Condition Objections in Los Angeles

Defendants often raise pre-existing conditions as a defense to mitigate their liability; it is important to develop strategies for overcoming these objections in personal injury claims. You can counter their arguments by focusing on evidence gathering, which includes obtaining thorough medical records and documenting your treatment history. 

This helps establish a clear baseline of your pre-existing condition before the accident. Additionally, consider hiring expert witnesses, such as medical professionals, to testify about the extent of your injuries and how the accident exacerbated your pre-existing condition. 

By gathering strong evidence and presenting compelling expert testimony, you can effectively increase your chances of recovering compensation despite your pre-existing conditions affecting your personal injury claim.

How Long Do You Have to File a Personal Injury Claim When You Have a Pre-Existing Condition?

If you have a pre-existing condition and were injured in an accident, you have the same amount of time to file a personal injury claim as anyone else. In California, that means you typically have two years from the date of the injury to file your claim in civil court.

This deadline is known as the statute of limitations and applies regardless of whether you had prior health issues before the incident.

Having a pre-existing condition doesn’t give you more or less time to take legal action, but it does make it even more important to act quickly. The longer you wait, the harder it may be to gather medical records and expert opinions that clearly show how the accident worsened your existing condition. 

Learn More About How Pre-Existing Conditions Affect Personal Injury Claims

You’ve now gained a better understanding of how pre-existing conditions can impact your personal injury claim. Don’t let insurance companies use your pre-existing conditions against you. Our personal injury lawyers at J&Y Law are committed to helping you build a solid claim. 

Contact us today for a free consultation.