Pre-existing Conditions and Personal Injury Claims: How They Impact Your Case

Some of the most complex personal injury cases are ones that involve pre-existing conditions. To come out on top, you need a Manhattan Beach personal injury attorney with extensive experience when it comes to pre-existing conditions and personal injury claims. 

At the Law Offices of Scott Dinsmore, we’ve been protecting the rights of accident victims for more than 30 years, and we understand the complications that pre-existing conditions can introduce to a personal injury case. If you’ve been injured in an accident in Manhattan Beach that was caused by someone’s negligent actions, we’re here to help.

What Is Considered To Be a Pre-Existing Condition?

In the context of personal injury law, a “pre-existing” condition refers to any medical condition, injury, illness, or physical issue that a person had before their accident. Some common examples of pre-existing conditions that can impact a personal injury claim include:

• Chronic Back Pain: Someone may have suffered from chronic lower back pain due to a prior car accident or heavy lifting, and a new accident worsens their condition.
• Arthritis: Pre-existing arthritis in the knees or hands could be exacerbated by a slip-and-fall accident, leading to more severe pain and reduced mobility.
• Old Fractures: A person who had a healed bone fracture may find that a new accident re-aggravates the injury site, causing pain or complications in the same bone.
• Degenerative Disc Disease: A person with a pre-existing spinal condition may experience a severe flare-up or worsening symptoms after a new car accident or fall.
• Torn Ligaments: Someone who previously tore a ligament (e.g., ACL in the knee) may experience a re-injury or aggravation from a sports accident or fall.
• Migraines: A person prone to migraines might find that a head injury from an accident increases the frequency or intensity of their headaches.
• Heart Conditions: Someone with a pre-existing heart condition, like hypertension, could have symptoms worsen due to the stress or physical impact of an accident.
• Psychological Conditions: Anxiety or PTSD could worsen after an accident, especially if it involves a traumatic event like a car crash or assault.

How Pre-Existing Conditions Affect Personal Injury Claims

When filing a personal injury claim, pre-existing conditions can complicate matters, but they don’t disqualify you from seeking compensation. These conditions often play a key role in how your case is approached by both your legal team and the insurance company.

Insurance companies will closely examine your medical history to argue that the injuries you’re suffering from were pre-existing and not caused by the accident. They may use this as a reason to offer a reduced settlement, claiming that your condition would have worsened over time regardless of the incident. In some cases, they may even attempt to deny liability by attributing the pain or limitations solely to your prior health issues.

From a legal perspective, a pre-existing condition requires a more nuanced strategy. Your lawyer must demonstrate the difference between your medical state before and after the accident, showing that the incident directly aggravated your condition. Despite these challenges, you have the right to compensation if the accident worsened an existing condition.

The “Eggshell Plaintiff” Rule

California follows what is known as the “eggshell plaintiff” rule. The eggshell plaintiff rule is a legal principle in which a defendant is responsible for the full extent of the injuries they cause, even if the plaintiff had a pre-existing condition that made them more susceptible to injury. It protects victims with pre-existing conditions, ensuring they are not penalized for their vulnerabilities.

How is the eggshell plaintiff rule applied? Let’s say there is a client who has a pre-existing back condition from an old sports injury. The client’s back is more fragile than that of the average person, and even a minor accident could cause them significant pain. One day, they are involved in a relatively low-speed car accident that wouldn’t typically cause severe harm to a healthy person. However, because of the pre-existing condition, the accident worsens their back problems, leaving them unable to work and requiring extensive medical treatment.

Under the eggshell plaintiff rule, the defendant is still responsible for all of the accident victim’s injuries, even though their back was more vulnerable due to the previous condition. The fact that their injuries were worse than what would normally be expected doesn’t reduce the defendant’s liability. In personal injury law, the rule ensures that a defendant takes the plaintiff “as they find them,” meaning they’re liable for the full extent of the injuries, regardless of the plaintiff’s pre-existing condition.

Proving Aggravation of Pre-Existing Conditions 

If you have a pre-existing condition, the key to a successful personal injury claim is proving that the accident worsened your condition — this is known as “aggravation.” To do so, your legal team must establish clear evidence that distinguishes your prior health status from your current one.

The most crucial piece of evidence is your medical records. Before the accident, you likely had a history of doctor’s visits, treatments, or medications related to your pre-existing condition. These records will provide a baseline of your condition. After the accident, you’ll need updated medical reports that document any new symptoms or the worsening of your previous condition.

Doctors and medical experts play a vital role in proving this aggravation. An orthopedic surgeon, for example, can testify that while you had arthritis in your knee before the accident, the trauma from the crash caused a significant increase in pain, swelling, and reduced mobility. Similarly, diagnostic tools like MRIs or X-rays can provide objective evidence of how your condition has worsened after the accident.

In many cases, expert testimony from medical professionals is needed to explain how the accident directly caused the aggravation. This is particularly important if the insurance company argues that your current symptoms are solely due to your pre-existing condition. The more detailed and well-documented your medical history is, the stronger your case will be when proving that the accident was responsible for aggravating your condition.

How Scott Dinsmore Can Help

The personal injury claim process can be overwhelming if you aren’t familiar with California law. Scott Dinsmore is a personal injury lawyer in Manhattan Beach who has represented clients injured in a wide range of accidents for over 30 years. He has extensive experience helping clients with pre-existing conditions secure compensation for their injuries.

When it comes to pre-existing conditions and personal injury claims, we know all the angles the insurance companies will use to show that your damages are actually due to a pre-existing condition and not the negligent actions of their clients. We have the expertise and resources to thoroughly investigate your case, gather the necessary medical records, and work with experts to build a strong case on your behalf. Our many years of experience have taught us how to counter these arguments and recover the total cash settlement our clients deserve for their accident-related injuries.

Speak to a Manhattan Beach Personal Injury Lawyer Today! 

California state law gives you the right to seek compensation for any damages resulting from an accident that happened due to negligent acts of another, regardless of any pre-existing condition. At the Law Offices of Scott Dinsmore, we specialize in personal injury cases involving pre-existing conditions and will work tirelessly to ensure your rights are protected.

Contact the Law Offices of Scott Dinsmore to schedule a free, initial consultation to discuss your pre-existing condition injury claim.