How Pre-Existing Conditions Impact Your Car Accident Settlement

Car accidents can be overwhelming, especially when pre-existing health conditions are involved. If you’ve previously experienced a health issue, even one unrelated to the accident, you may worry that it will affect your settlement. In many cases, it does—but that doesn’t mean you’re ineligible for fair compensation. Understanding how pre-existing conditions impact your car accident settlement is crucial for navigating your claim effectively.

Below, we’ll explore how insurance companies approach pre-existing conditions, what you need to prove if an existing condition was aggravated, and how documenting your medical history can help strengthen your case.

Understanding Pre-Existing Conditions in Car Accident Claims

A pre-existing condition is any health issue or injury before your car accident. Examples include previous back injuries, arthritis, or chronic illnesses like asthma. Insurance companies often scrutinize these conditions when you pursue a claim, significantly if the injury area overlaps with the accident’s impact zone. They may try to argue that your injuries were not caused by the accident but rather by your pre-existing condition.

However, California law allows injured parties to seek compensation even with pre-existing conditions. The “eggshell plaintiff” rule protects people whose pre-existing conditions made them more susceptible to injury. This means that if your condition was worsened by the accident, you may still be entitled to compensation. Consulting a car accident attorney in Los Angeles can help you understand your rights under these rules and what compensation may be achievable.

How Insurance Companies View Pre-Existing Conditions

Insurance companies typically look at claims involving pre-existing conditions with a critical eye. Their main goal is to minimize the amount they need to pay, so they may argue that your current symptoms are solely related to your old injuries. Adjusters often try to:

  • Downplay new injuries: Insurance companies might claim that your pain or limitations are due to your previous condition, not the accident.
  • Dispute aggravation claims: They may argue that the accident did not significantly worsen your condition.
  • Request extensive documentation: Insurers often request detailed records to confirm that your symptoms and limitations align with your claims.

Having a Los Angeles car accident attorney on your side can help counter these tactics. Your lawyer will advocate on your behalf, ensuring your case focuses on how the accident impacted your pre-existing condition rather than letting the insurer shift blame onto your medical history.

Proving the Aggravation of a Pre-Existing Condition

You’ll need to prove that the accident aggravated your pre-existing condition to strengthen your case. This is known as “aggravation of a pre-existing condition.” Essentially, you must demonstrate that your injury worsened due to the accident, causing you pain, lost time, and extra medical costs.

Here’s how to effectively prove aggravation:

  1. Detailed Medical Records: You’ll need records of your condition before and after the accident. By comparing these, your lawyer can help demonstrate that the accident directly impacted your health.
  2. Medical Testimony: Having a doctor’s opinion is critical. A medical expert can clarify whether your condition worsened because of the accident and explain the difference between prior symptoms and your current limitations.
  3. Pain Diary: Keeping a daily log of your symptoms, pain levels, and how the accident impacted your daily life can be invaluable. This blog serves as real-time evidence of the challenges you’re facing and can be used to bolster your case.
  4. Work Impact Documentation: If the aggravated injury affected your work, keeping records of lost wages and time away from your job is essential. Demonstrating how the accident impacted your ability to work directly supports your compensation claim.

An experienced personal injury lawyer in Los Angeles can gather the necessary evidence, ensuring a comprehensive case reflecting how the accident impacted your pre-existing condition.

Documenting Your Medical History for a Stronger Case

Insurance companies rely heavily on medical documentation, so having organized and thorough records is vital. By maintaining detailed records, you can paint a clear picture of your condition before and after the accident, which is essential for justifying your claim.

  • Prior Medical Records: Your attorney will collect documentation before the accident, including doctor’s visits, surgeries, treatments, and other relevant records. This provides a baseline, showing your normal condition before the accident.
  • Post-Accident Records: All post-accident treatments, physical therapy, medications, and follow-up appointments should be documented. This helps show that your condition has worsened and that the accident directly contributed to your current health status.
  • Independent Medical Exam (IME): In some cases, insurance companies request an IME to assess your injury independently. While they may attempt to minimize your claim, your lawyer can help prepare you for this exam, making sure you understand the questions that may arise and what to expect.
  • Comprehensive Medical Timeline: Building a chronological record of your medical history, treatments, and diagnoses helps create a compelling narrative. With a firm timeline, your attorney can demonstrate how the accident directly impacted you, helping you seek the compensation you deserve.

Why Legal Support is Essential in Complex Cases

When pre-existing conditions come into play, it can be challenging to handle the complexities of your case alone. Insurance companies will leverage every angle to reduce payout, so legal representation is essential to protect your rights.

An experienced car accident lawyer in Los Angeles can help you navigate these challenges by:

  • Gathering and Organizing Evidence: Your attorney will collect the necessary medical records and other evidence, ensuring your case has the foundation to prove your injuries.
  • Negotiating with Insurance Companies: An attorney understands insurance companies’ tactics and can negotiate to ensure you’re not pressured into accepting a low settlement.
  • Building a Case for Compensation: By working closely with medical experts and presenting clear evidence, your lawyer can argue that you deserve compensation based on how the accident aggravated your condition.

Conclusion

Dealing with a car accident claim when you have a pre-existing condition can feel overwhelming, especially when insurers are trying to downplay your injuries. With the proper documentation, medical support, and a skilled Los Angeles car accident attorney, you can still pursue fair compensation. Don’t let an old injury stop you from seeking the settlement you deserve; instead, work with professionals who understand your needs and will advocate for your best interests.

About Gee Ly Zindagi

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