It is common for car accident victims to have pre-existing injuries or medical conditions, meaning ailments that they had prior to the crash. While pre-existing injuries will not prevent a victim from recovering financial compensation for a car accident in California, it could make the insurance claims process more complicated.
What Are Pre-Existing Injuries?
Pre-existing injuries are injuries that an individual had prior to an event that is involved in an insurance claim or a Los Angeles personal injury lawsuit. Any medical condition that could exacerbate the severity of car accident injuries or that could be triggered or worsened by the crash can count as a “pre-existing injury” for insurance purposes. These may include arthritis, back pain, osteoporosis, old bone fractures, soft-tissue injuries, heart conditions, diabetes, asthma, or cancer.
Liability and Pre-Existing Injuries
A legal doctrine called the eggshell skull rule (or thin skull rule) holds defendants responsible for injuries sustained by a plaintiff regardless of pre-existing injuries. This rule makes a defendant liable (legally and financially responsible) for a plaintiff’s “unforeseeable and uncommon reactions to the defendant’s negligent or intentional tort.”
In other words, a defendant is required to take a plaintiff as-is at the time of an incident. For example, if the plaintiff had a rare condition that made his or her skull as thin as an eggshell, and this resulted in an exceedingly severe brain injury where another plaintiff might not have been injured, the defendant is still responsible for the full extent of the plaintiff’s injury.
With or without a pre-existing injury, a car accident victim can recover financial compensation from a defendant for his or her crash-related medical bills, lost wages, pain and suffering, and other damages. If the defendant is at fault, his or her car insurance company will be required to pay for the full extent of the victim’s losses, even with a pre-existing injury.
What If the Car Accident Aggravated a Pre-Existing Injury?
If an individual’s pre-existing injury or medical condition was aggravated by an automobile accident, the victim could receive financial compensation for the difference in the severity of the ailment before and after the accident. The victim will have to provide evidence, such as medical records and statements from doctors, showing that a pre-existing injury or condition was worsened by the auto accident.
How to Handle a Claim Involving Pre-Existing Injuries
If your claim concerns a pre-existing injury, an insurance company may try to assert that the injuries were caused by something other than the car accident. While you can qualify for financial compensation for injuries caused or exacerbated by a car accident, you cannot seek compensation for injuries that you had prior to a crash.
It is important to handle pre-existing injury claims carefully to ensure the protection of your legal rights. First, do not conceal your pre-existing injury from an insurance company. Be forthright with this information and provide all relevant medical records to support your case. Then, contact a Los Angeles car accident attorney to help you with the legal process.
A car accident lawyer can help you prove that the injuries you are claiming are new and not from a previous accident, and/or that the crash exacerbated a pre-existing injury. Your lawyer can take over negotiations with an insurance company, collect your medical records, hire medical experts and take other steps to fight for fair compensation for your losses, including those connected to a pre-existing injury.
To find out more about how a lawyer can help you with this type of claim, contact Panish | Shea | Ravipudi LLP to request a free consultation.