Pre-existing conditions can complicate personal injury and accident claims, but they do not necessarily reduce the validity of a claim or the compensation to which an injured person may be entitled. Under some scenarios, it may even help your case.
First, depending on the situation, you may be labeled an “Eggshell Plaintiff.” Second, being upfront about pre-existing conditions can work in your favor by increasing your credibility and showing that you are not trying to hide anything. In this article, we explain how pre-existing conditions can impact personal injury and accident cases, and compensation:
- Aggravation of a Pre-Existing Condition
If a pre-existing injury or condition is worsened or aggravated by the accident, you are still entitled to compensation, depending on the severity of the aggravation or if you are found to be an “Eggshell Plaintiff.”
Scenario 1: Before getting rear-ended in Santa Clarita, you already suffered from daily neck pain at a level of 3 (based on a 0 to 10 scale) due to a prior accident. But, this new accident caused your pain level to increase to 8 (based on a 0 to 10 scale). Under this scenario, you are entitled to damages for the “increased” pain, i.e., the difference between level 3 (your preexisting pain) and level 8 (your current pain).
Scenario 2: You get T-boned at an intersection in the San Fernando Valley when another driver runs a red light. You were in an accident 3 years ago and already suffered from bulging discs in your neck. However, before this new accident, you were able to manage your pain and were not a candidate for surgery.
Unfortunately, the new accident substantially affected your neck condition to the point that you can no longer manage your pain and need to have surgery. Under this scenario, you are considered an “Eggshell Plaintiff,” and the negligent driver is responsible for your entire injury, i.e., your surgery.
- Establishing Causation
Sometimes, it is beneficial to show that an accident worsened a pre-existing condition, as opposed to showing that the accident caused a new injury. Confused?
Let us explain. In low-impact car accidents, where there is minimal visual damage to the vehicle, it has become increasingly difficult to argue that the impact caused the kind of pain that led the injured driver to seek medical attention.
However, if the injured driver had a pre-existing condition that made him or her prone to suffering pain, even when other drivers generally do not suffer pain in the same kind of accident, then we can make a causal connection between the accident and the injured driver’s pain.
- Disclosure of Medical History Creates Credibility
If you are using an attorney, it is crucial for your attorney to know about all of your pre-existing medical conditions. By knowing so, your attorney can then create a strategy that best serves your case. It is never good when an attorney is blindsided by the defense or an adjuster with facts or arguments about a client’s unknown pre-existing conditions.
In today’s digital age, it is also very difficult, if not impossible, to hide pre-existing conditions even with the privacy protections in place. So, they will be discovered by either the defense (if a lawsuit is filed) or by the adjuster handling the injury claim. So, attempting to hide pre-existing conditions only leads to credibility issues, which will hurt your case significantly.
- Role of An Attorney
A skilled personal injury and accident attorney will (1) help differentiate between the new injuries and the pre-existing conditions or (2) strategize on the best way to present your case, despite your pre-existing conditions, ensuring that any aggravation of prior conditions is factored into your compensation.
If you are injured in an accident or a slip and fall, we are here if you need us. We (The Mason Law Firm) handle all kinds of personal injury and accident cases, including car, truck, motorcycle, bicycle, pedestrian, and bus accidents. We also handle slip and fall cases.
We are managed by Mason Rashtian, who has been litigating personal injury cases for over 27 years, first as a defense attorney and now as a plaintiff’s injury attorney, helping those who have been harmed by the carelessness (negligence) of others.
We take matters throughout California, including Los Angles, Santa Clarita Valley, San Fernando Valley, and Antelope Valley. If you are injured in an accident or a slip and fall, please feel free to contact us for a free consultation. We work on contingency. So, there is never any out-of-pocket fees or expenses for our clients. You can reach us at 661-270-5677, or by simply filling out our contact page by clicking here.
Conclusion
Having a pre-existing condition does not automatically reduce the value of a personal injury claim. Honest and thorough disclosure about your medical history is essential for building a strong case.
Compensation will be based on how the accident impacted your health, regardless of prior conditions, and can include damages for any aggravation of pre-existing injuries. However, you should contact a professional, i.e. an experienced attorney, to assist you.
This article is for informational purposes only. It does not constitute legal advice.