Even if you have a pre-existing condition, you can still receive compensation for a personal injury. Fifty percent of the general population reports having at least one medical condition. If you fall into this category, rest assured that personal injury laws apply to you, too.
Our experienced San Bernardino personal injury lawyers at LA Century Law explains how aggravation of a pre-existing condition may impact your settlement.
How Does a Pre-Existing Condition Impact a Personal Injury Settlement?
- A pre-existing condition may limit compensation to the extent of the aggravation or additional injury.
- It does not prevent a person from receiving any compensation.
- The claim must separate the extent to which the injury was pre-existing and how it was aggravated or made worse because of the accident or event.
- No deduction is taken simply because the person has a medical condition. Even if another person may not have been injured as badly, a victim may seek compensation for their full damages, whatever they may be.
A pre-existing condition limits a personal injury settlement to the worsening of the injury.
You’re not compensated for the original or underlying injury. Instead, you’re compensated for the worsening of injuries and for any new injuries.
What Is Considered a Pre-Existing Condition in a Personal Injury Case?
A pre-existing condition in a personal injury case is a medical problem, disease, or issue that existed before the accident or event that resulted in harm. A pre-existing condition may be an injury, illness, disability, or disorder.
Aggravation of a Pre-Existing Condition in a Personal Injury Case
There are three ways that a pre-existing injury may impact a claim.
Aggravating an injury
A pre-existing condition can be made worse because of an accident. For example, a person may have back pain because of a strained muscle. Being in a car accident can stretch these muscles further, resulting in additional limitations because of increased pain and weakness.
More susceptible to injury
A person may be more susceptible to injury because of medical conditions. For example, osteoporosis may make a person more likely to sustain bone fractures.
Previous concussions may make head trauma more severe.
Healing
Pre-existing conditions can impact the trajectory of a person’s healing. For example, a person with impaired mobility may be limited in their ability to do physical therapy. A person with diabetes may have slower wound healing than others.
Examples of pre-existing conditions
Pre-existing medical conditions that may be raised in a personal injury case include the following:
- Arthritis
- Back pain
- Chronic pain
- Asthma, breathing issues
- Mobility impairment
- Anxiety, depression
- Previous broken bones, osteoporosis
- Ligament damage, sprains, and strains
- Heart problems, high blood pressure
- A herniated disc, pinched nerve, degenerative diseases
- Diabetes
Example #1—The victim has osteoporosis. They are in an accident, and they break their femur. They likely would not have broken their femur if they didn’t have osteoporosis.
Example #2—The victim has diabetes. Cuts and bruises from an accident heal more slowly than they likely would have for a person without diabetes.
Example #3—The victim has chronic back pain, but they can work at a physical job.
They’re then in an accident. They have pulled muscles and ligaments. Now, they have higher levels of pain and can’t work.
These are all examples of personal injury claims involving pre-existing conditions.
How a Pre-Existing Injury Affects a Personal Injury Settlement
In California, you may receive personal injury compensation for new injuries and ailments that you sustain in the accident. To determine your personal injury settlement, the new injuries must be distinguished from the old.
For example, say the pre-existing condition was likely to cost $200,000 in medical care, decreased income, and suffering throughout a lifetime. Then, a personal injury occurs.
Now, because of additional injury, the person is likely to suffer $400,000 in economic and non-economic harm because of their medical condition. Only the extra $200,000 may be compensated.
The Eggshell Plaintiff Doctrine
The defense may suggest to you that full compensation isn’t fair because you were especially vulnerable to sustaining an injury. However, California follows the eggshell plaintiff doctrine.
The eggshell plaintiff doctrine says that the person responsible must compensate the victim for their injuries, whatever they may be. It doesn’t matter if the person is less physically healthy or fit than someone else, and if someone else may have been hurt less. A defendant takes their victim as they find them.
Even though the eggshell plaintiff rule applies in California, that doesn’t stop defendants from trying to use pre-existing conditions to limit settlements. A lawyer can help you fight to make sure that medical issues aren’t held against you when it comes to your settlement.
Challenges you may face
A common challenge in personal injury claims involving pre-existing conditions is which injuries are new and which were present at the time of the accident. This question must be met with evidence, including medical experts.
As the victim, you must present medical evidence to explain what your injuries are and to what extent they are new and aggravated. You can expect the defense to present their evidence to minimize your claim, saying that your injuries were pre-existing. You must counter the information provided by the defense.
In addition to preparing the evidence, there are procedural steps to follow to admit exhibits and expert testimony. Preparing in advance can ensure that your case proceeds smoothly. Building a strong case and preparing for challenges can put you in a position to negotiate a fair settlement.
How a San Bernardino Personal Injury Lawyer Can Help
A San Bernardino personal injury lawyer can help you with:
- Identifying pre-existing conditions that may impact your claim
- Understanding what your case is worth
- Showing how the accident or harmful event aggravated existing medical issues
- Responding to tactics designed to lower your compensation
- Gathering evidence to distinguish new and existing injuries
- Raising the eggshell plaintiff rule
- Negotiating your settlement
Contact
If you have been hurt, contact LA Century Law. Our lawyers handle claims involving pre-existing conditions. Call or message us now to talk about your case.