Yes, you can be compensated for pre-existing conditions after a car accident in California. But, this is true only if the accident made your condition worse. Many drivers have pre-existing conditions that make them more susceptible to injuri
However, injury claims involving pre-existing conditions can be challenging. You might need an experienced personal injury lawyer on your side to help.
What Is a Pre-Existing Condition?
A pre-existing condition is a health condition, illness, or injury that existed prior to the victim’s accident. Pre-existing conditions can make injury claims complex. This is because it can be difficult to tell whether the accident caused a new injury or simply aggravated a pre-existing condition.
Defendants often use pre-existing conditions as a way to minimize the value of your claim.
California Law on Pre-Existing Conditions
California follows a legal rule known as the “eggshell plaintiff” doctrine, which protects people who are more vulnerable to injury due to their health history. Under this doctrine, a negligent driver must take the victim as they find them.
This means the at-fault party cannot avoid responsibility simply because the victim was more susceptible to harm. Even if a healthier person might have suffered fewer injuries, the negligent driver is still responsible for all the injuries and complications that their actions cause—including the worsening of a pre-existing condition.
For example, if someone with a chronic medical condition experiences severe complications after a crash, the at-fault driver is liable for those complications, even if they are worse than what a typical victim might experience.
Situations Involving Preexisting Conditions Where Compensation Is Available
You may be entitled to compensation for a pre-existing condition if the car accident:
- Aggravated an existing injury, such as increased back pain or worsened joint problems
- Triggered symptoms in a previously asymptomatic condition, such as a degenerative disc issue that suddenly becomes painful
- Accelerated the progression of a chronic condition, causing earlier or more severe complications
- Caused new injuries that interact with or worsen old ones
- Made recovery more difficult, leading to longer treatment or extensive medical care
In each of these situations, California law allows victims to pursue damages as long as they can show the accident directly contributed to the increased harm.
Evidence Needed To Support Your Claim
Claims involving pre-existing conditions often succeed or fail based on the quality of medical documentation. Helpful evidence may include:
- Before-and-after medical records, showing the condition prior to the crash and how it changed afterward
- Diagnostic imaging, such as MRIs or X-rays, that reveal new or worsened injuries
- Statements from treating physicians explaining how the accident impacted your condition
- A pain or symptom journal, documenting changes in mobility, pain levels, and daily functioning
- Employment records, demonstrating any lost wages or reduced work capacity
- Expert testimony, especially from medical professionals who can connect the aggravation to the collision
This evidence helps establish causation and demonstrate the true extent of your damages.
Potential Compensation Available
If a car accident worsens a pre-existing condition, you may be entitled to recover damages for both your financial losses and the personal impact of your injuries.
Economic damages compensate you for the measurable financial losses caused by the accident and the aggravation of your condition, including:
- Medical expenses
- Future medical care
- Lost income
- Reduced earning capacity
Non-economic damages address the physical, emotional, and personal effects of an aggravated condition, such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Physical impairment or disability
Even if your damages are more serious because of a pre-existing condition, you may still be able to hold the negligent driver responsible.
Proving Damages With a Pre-Existing Condition
Cases involving pre-existing conditions can be complex. This is partly because it can be difficult to put a value on these claims. It can sometimes be tough to determine exactly how the accident affected or worsened your condition.
Detailed medical records can be crucial to proving your case. You need evidence to show your medical conditions prior to and after the accident. If the accident made your condition worse, medical records will help show exactly how you were affected. Medical experts may also be required in these cases.
You must be able to show the specific damages you suffered because of the accident. Without clear evidence, the defendant may be able to minimize your claim. Having an experienced lawyer on your side can help you be prepared to prove and win your case.
Get Help From a San Diego Car Accident Lawyer Today
Pre-existing conditions do not prevent you from recovering compensation after a car accident in California. What matters is whether the collision worsened your condition or caused new complications.
Still, claims involving pre-existing conditions often require strong medical documentation and clear evidence showing how the accident aggravated your health, making it crucial to have detailed records and competent support.
To learn how an attorney can help after an accident in San Diego, California, contact Pines Salomon Personal Injury Lawyers today at (858) 551-2090. We offer a free consultation with a San Diego car accident lawyer.
