If you are involved in a car accident that aggravates an old injury, you may wonder whether you still have a valid claim. California law recognizes that new incidents can worsen pre-existing conditions, and you may still be entitled to compensation. Understanding how this type of case works can help you protect your rights and pursue financial recovery. Read on and consult with a knowledgeable San Mateo County, California car accident lawyer for experienced legal advice and representation today.
What is a Pre-Existing Condition?
In terms of a car accident claim, a pre-existing condition refers to any injury, illness, or medical condition that you suffered from before the collision occurred. This could include a previous back injury, chronic joint pain, an old fracture, or even a degenerative condition like arthritis.
Can I File a Claim if a Car Accident Aggravates an Old Injury in CA?
Yes, you can file a claim if a car accident aggravates a pre-existing injury in California, given that another party is legally responsible. This is a common situation recognized under California’s personal injury laws.
The relevant principle is that the at-fault driver is responsible for all the injuries they cause, even if those injuries are worse because of your prior condition. This legal concept is often referred to as the “eggshell plaintiff” rule. It essentially means that the defendant must take the victim as they find them. If a collision exacerbated your chronic back pain, re-injured an old shoulder tear, or accelerated a degenerative disc disease, you may be entitled to compensation for the worsening of that condition directly related to the accident.
To successfully pursue this type of claim, you must be able to clearly demonstrate two things:
- The severity or pain of your pre-existing condition increased after the accident.
- The car accident was the direct cause or a substantial factor of this aggravation.
An experienced car accident lawyer can help you gather the necessary evidence and argue effectively against insurance companies that often try to minimize liability by blaming your prior injuries.
How Can I Prove the Accident Made My Old Injury Worse?
Proving aggravation requires meticulous evidence. One of the most important pieces is medical documentation. This includes records from before the accident detailing your pre-existing condition and records from after the accident showing a clear change or increase in symptoms, pain, or functional limitations.
You will need an expert medical opinion from a treating physician or specialist who can directly link the car accident trauma to the worsening of the pre-existing injury. They must testify that, based on a reasonable degree of medical certainty, the accident accelerated or worsened your condition.
Additionally, keep detailed personal records, such as journals, and gather witness testimony about changes in your physical abilities after the collision. A lawyer will use this evidence to establish the direct causation required for your claim.