How Pre-Existing Conditions Can Affect Your Car Accident Claim

When you’ve been involved in a car accident and filed a claim, your medical history can play a critical role, especially if you have pre-existing conditions. Understanding how pre-existing conditions impact car accident claims is essential for anyone navigating the complex legal and insurance landscapes. This article explores the key factors and challenges, providing insights on how to handle these claims with the help of a qualified Los Angeles car accident attorney.

What Are Pre-Existing Conditions?

A pre-existing condition refers to any medical issue or injury that you had before the car accident occurred. These conditions could range from chronic illnesses, like arthritis, to prior injuries, such as a back or neck injury from a previous accident. While these conditions existed before your current accident, they could still influence your claim, especially when seeking compensation for additional harm caused by the new accident.

The “Eggshell Plaintiff” Doctrine

One of the most important legal principles related to pre-existing conditions in car accident claims is the “eggshell plaintiff” doctrine. This legal concept holds that the person at fault in an accident must take their victim as they find them. In other words, even if you had a pre-existing condition that made you more susceptible to injury, the at-fault party is still responsible for the additional harm caused by the accident.

For instance, if someone with a pre-existing spinal condition is involved in a crash and their condition worsens, the negligent driver is liable for the aggravated injuries. However, proving that the accident directly caused the aggravation can be complex, requiring the assistance of a skilled car accident lawyer in Los Angeles.

Proving Aggravation of Pre-Existing Conditions

To successfully obtain compensation for the aggravation of a pre-existing condition, the injured party must demonstrate that the accident caused additional harm. Here, medical records, doctor testimony, and detailed documentation of the injury before and after the accident are crucial. A Los Angeles car accident lawyer will typically work with medical experts to establish the extent of aggravation. Insurance companies often scrutinize claims involving pre-existing conditions, looking for any reason to reduce or deny compensation. Having a strong case backed by solid medical evidence is key to overcoming these challenges.

How Insurance Companies Handle Pre-Existing Conditions

Insurance companies are well aware that pre-existing conditions can complicate claims, and they often use this as a reason to minimize payouts. When a claim involves pre-existing conditions, insurers might argue that the new injuries are not directly related to the accident or are simply the result of the underlying condition.

For example, suppose you have a history of lower back pain and are involved in an accident that exacerbates this pain. In that case, the insurer may claim that your current pain is due to the existing condition rather than the accident. This is where having a dedicated car accident attorney in Los Angeles becomes invaluable. Attorneys know how to counter these tactics, presenting evidence that demonstrates the impact of the accident on your overall health and ensuring that you are fairly compensated.

The Role of Medical Records

Your medical records are perhaps the most vital piece of evidence in car accident claims involving pre-existing conditions. These records provide a clear picture of your health before and after the accident, which is critical for proving that the collision aggravated your condition.

However, sharing medical records with insurance companies should be done cautiously and under the guidance of a Los Angeles car accident attorney. Insurance companies often request extensive access to your medical history, but they are only entitled to records that are directly relevant to your injury claim. A lawyer will ensure that your privacy is protected and that only necessary medical information is shared.

Mitigating the Risk of Insurance Tactics

Insurance companies may try to argue that your pre-existing condition, rather than the accident, is responsible for your current pain or medical costs. They may even seek out information on unrelated health issues in an attempt to reduce the value of your claim.

To protect yourself from these tactics:

1. Be Honest About Your Medical History: Never try to hide or downplay a pre-existing condition. If you’re upfront about it, your Los Angeles car accident lawyer can prepare a solid case that addresses the condition head-on.
2. Seek Immediate Medical Attention: After an accident, it’s essential to see a doctor right away. A medical professional can assess how the accident has impacted your pre-existing condition and document any new or aggravated injuries.
3. Follow Your Doctor’s Advice: It’s important to follow through with any recommended treatments or therapies. This shows that you are taking your recovery seriously and can strengthen your case.

The Impact of Comparative Negligence

California follows a comparative negligence system, which means that multiple parties can share fault for an accident. Even if you are partially at fault for the crash, you can still recover compensation, though your percentage of fault may reduce your award. However, pre-existing conditions should not play a role in assigning fault for the accident itself.

This is why it’s crucial to work with a car accident lawyer in Los Angeles who understands the complexities of comparative negligence and can advocate on your behalf. The goal is to ensure that your claim reflects the true extent of your injuries and is not unfairly reduced due to pre-existing conditions.

Why You Need a Los Angeles Car Accident Lawyer

Navigating a car accident claim with pre-existing conditions can be daunting, especially when dealing with insurance companies that are focused on protecting their bottom line. A Los Angeles car accident attorney can be your strongest ally, ensuring that you are treated fairly throughout the process. From gathering medical evidence to negotiating with insurers, an attorney can handle every aspect of your case, allowing you to focus on recovery.

Moreover, a lawyer familiar with local laws and court systems in Los Angeles will be well-versed in the specific challenges that arise in cases involving pre-existing conditions. Whether you’re dealing with a minor aggravation or a significant worsening of a pre-existing injury, having legal representation ensures that you won’t be left vulnerable to tactics designed to minimize your claim.

Conclusion

If you’ve been involved in an Uber accident, car accident, bicycle accident, or any motor vehicle accident and have a pre-existing condition, don’t navigate this complex process alone. Reach out to a skilled car accident attorney in Los Angeles who can help you secure the compensation you deserve. By understanding how your pre-existing conditions affect your claim, you can protect your rights and ensure that the at-fault party is held accountable for the full extent of your injuries.