Impact of Pre-Existing Injuries in a Car Accident Claim
It is unreasonable to expect all car accident victims to be in perfect physical health at the time of the crash, with no pre-existing injuries or medical conditions. In reality, pre-existing injuries are common among crash survivors. Injury lawyers in LA explain that because of this, laws have been passed to protect a victim’s right to recover financial compensation despite a pre-existing condition.
What Are Pre-Existing Injuries?
Pre-existing injuries refer to any physical or mental health conditions the victim had prior to the automobile accident. This can refer to current injuries, old injuries that have already healed and any previously diagnosed medical conditions.
Examples include:
- Broken bones
- Joint problems
- Back injuries
- Nerve damage
- Arthritis
- Brain injuries
- Heart conditions
- Diabetes
- Cancer
You should always disclose any pre-existing injuries or medical conditions to an insurance company during a car accident claim. Open and honest medical history disclosure is crucial to help establish your credibility and avoid accusations of insurance fraud.
When Is a Pre-Existing Injury Relevant to a Car Accident Claim?
A pre-existing injury may be relevant to a car accident case in California if the injury was exacerbated (made worse) by the crash, and the victim needs to seek compensation for these additional damages. Pre-existing medical conditions can also impact a claim if an insurance company attempts to avoid paying a settlement by alleging that the victim’s injuries were pre-existing and not caused by the accident.
Does a Pre-Existing Condition Make Me Ineligible for Financial Compensation?
No, a pre-existing condition does not automatically preclude you from financial compensation as a car accident victim in California. Under the eggshell skull doctrine, a defendant (or defendant’s insurance company) must accept a victim as he or she is at the time of the car accident. This includes if the victim has a condition that makes him or her more vulnerable to injury than the average person (such as a victim with a skull as thin as an eggshell).
How to Handle a Car Accident Claim Involving Pre-Existing Injuries
Although a pre-existing injury does not bar you from receiving financial compensation in a car accident claim, it can make it more difficult to receive a fair settlement from an insurance provider. An insurance company may reject your claim or try to reduce your payout by arguing that your injuries were pre-existing.
Protect yourself by gathering as much evidence as possible. This can include medical records, injury documentation and testimony from a medical expert. Go to a doctor right away after the crash for prompt injury diagnosis. Keep up with your medical appointments and create an injury journal to describe how your injuries impact your daily life.
When to Hire a Car Accident Attorney in California
Dealing with a car insurance company can be difficult enough after an accident in California without the added complication of pre-existing injuries. If your case involves this challenge, seek help from a qualified car accident lawyer in Los Angeles.
A lawyer can help you prove your injuries, build your case and submit proper medical documentation to an insurance provider. A lawyer can also take over settlement negotiations to seek the full amount you are entitled to, including past and future medical costs.
You can count on an attorney to apply the eggshell skull rule to your case and use it to your advantage. A lawyer can also hire medical experts and bring your car accident case to court, if necessary, to pursue maximum compensation for your losses.To learn more about how an attorney can help you fight for fair financial compensation in a case involving a pre-existing injury, contact Rose, Klein & Marias, LLP for a free consultation.