How Pre-Existing Conditions Affect a Personal Injury Claim
August 7, 2025 Posted In Car Accidents,Personal Injury
Pre-existing medical conditions often raise questions in personal injury cases. Many people worry that an old injury, illness, or chronic health problem will prevent them from pursuing compensation after an accident. California law allows injured victims to recover damages even if they had prior conditions, but these conditions can affect how claims are evaluated and compensated.
California Law and Pre-Existing Conditions
Under California law, an at-fault party must take the victim as they find them. This legal principle, known as the “eggshell plaintiff” rule, means that even if a victim was more vulnerable to injury because of a pre-existing condition, the negligent party remains responsible for the harm caused. Key points of the eggshell rule include:
- Defendants cannot avoid liability simply because a victim was already injured or ill.
- Compensation covers the worsening or aggravation of pre-existing conditions.
- Victims must prove that the accident directly contributed to the worsening of their health.
Common Examples of Pre-Existing Conditions
Pre-existing conditions that frequently come up in California personal injury claims include:
- Back and neck injuries such as herniated discs or chronic pain.
- Arthritis that becomes more painful after an accident.
- Previous fractures or surgeries made worse by trauma.
- Mental health conditions, such as anxiety or PTSD, that intensify after an incident.
- Degenerative conditions that worsen due to impact or stress.
The Importance of Medical Evidence
Medical records play a central role in showing how an accident worsened an existing condition. Vital types of evidence include:
- Pre-accident medical history to establish a baseline.
- Diagnostic tests and imaging that show new or aggravated injuries.
- Physician testimony explaining how the accident affected the condition.
- Treatment records that demonstrate changes in pain, mobility, or daily functioning.
Without strong medical evidence, insurance companies may attempt to deny that the accident caused any meaningful change in your health.
How Insurance Companies Treat Pre-Existing Conditions
Insurance companies often scrutinize medical histories to minimize payouts. They may argue that pain or disability stems entirely from a prior condition rather than the accident. Common tactics include:
- Claiming the victim’s injuries are entirely unrelated to the accident.
- Arguing that symptoms existed long before the incident.
- Demanding extensive medical records to search for other possible causes.
- Offering lower settlements based on prior conditions.
An experienced personal injury attorney helps navigate these challenges and counters insurance tactics. They will present medical expert opinions, organize records, and demonstrate the accident’s specific impact on your health and life to ensure your medical history does not unfairly limit your recovery.
Common Mistakes to Avoid
Pre-existing conditions do not prevent you from obtaining compensation, but certain errors can weaken your case. Avoid these common mistakes:
Failing to Disclose Medical History
Hiding prior conditions harms credibility. Insurance companies will find past records, so honesty is essential.
Skipping Medical Appointments
Missing doctor visits or ignoring treatment plans suggests your injuries are minor. Consistent care builds strong evidence.
Minimizing or Exaggerating Symptoms
Understating or overstating pain creates inconsistencies that insurers use against you. Accurate reporting is best.
Accepting the First Settlement Offer
Early offers rarely cover long-term costs. Consult an attorney before agreeing to a settlement.
Waiting Too Long to Hire a Lawyer
Early legal guidance significantly increases your chances of success and helps you avoid these common pitfalls.