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Having a pre-existing medical condition doesn't mean you're not entitled to compensation if an accident makes it worse. Under California law, you have the right to seek damages when someone else's negligence aggravates existing health conditions.
Insurance companies often try to dismiss claims by arguing that injuries were already present before the accident. However, the “eggshell plaintiff” doctrine holds that defendants must take victims as they find them, including any pre-existing vulnerabilities.
The challenge isn't just proving your injuries—it's demonstrating how the accident transformed a manageable condition into something that now limits your daily life, work capacity, and well-being. This requires a strategic legal approach and comprehensive medical documentation. Contact us for a free consultation.
The law doesn't deny you the right to justice just because you had a pre-existing condition. However, the insurance companies will try to use this against you. They'll argue that your injury was not caused by the accident but was instead a result of your pre-existing condition.
But here's what they don't want you to know: California law protects victims who have their pre-existing conditions aggravated by an accident. The person responsible for an accident can't escape liability just because the victim had a pre-existing condition that made them more susceptible to injury. In other words, they must take their victims as they find them, pre-existing conditions and all.
This means that if someone else's negligence caused an accident that aggravated your pre-existing condition, you may seek compensation for any additional pain, suffering, medical expenses, lost wages, and other damages resulting from that aggravation.
Don't let an insurance company offer less than you deserve. If an accident has aggravated your pre-existing condition, you need a lawyer who will stand up for you and fight for the compensation you're entitled to under the law.
When an accident aggravates a pre-existing condition, the compensation you may be entitled to is not limited to the immediate injuries from the accident. It may also cover the worsening of your pre-existing condition. This can include the costs of medical treatment, rehabilitation, and medication, along with pain and suffering, emotional distress, and loss of enjoyment of life.
It's important to note that the burden of proof lies with you, the plaintiff. You must prove that the accident worsened a pre-existing condition. This often requires a thorough examination of your medical history, including doctors' notes, medical reports, and expert testimony.
Moreover, if your worsened condition has led to lost wages or diminished earning capacity due to inability to work or reduced work hours, these losses might be included in your claim.
The amount of compensation you may receive depends on factors such as the severity of your aggravated condition, the impact on your ability to work and enjoy life, and how fault is divided — under California's comparative negligence rule.
When you've been in an accident that has aggravated a pre-existing condition, it's likely that one of these three scenarios is happening:
The “eggshell plaintiff” doctrine is a principle in personal injury law that recognizes that some people are more susceptible to injury than others due to pre-existing conditions.
Under this doctrine, if you have a pre-existing condition that was aggravated by an accident caused by someone else's negligence, the defendant might be responsible for your damages, even if you are more susceptible to injuries.
The Sevey Law Firm handles all communications with the insurance company for you. This can be a relief during a stressful time when you should be focusing on your recovery. We'll ensure that you don't say anything that could harm your case and negotiate aggressively for a fair settlement.
If the insurance company refuses a fair settlement, we're always ready to take a case to court. In fact, we prepare all cases as if they were going to court. Don't try to deal with this process alone. The stakes are too high, and without legal representation, you risk receiving less compensation than you deserve. Contact The Sevey Law Firm today for a free consultation.
Yes, having a pre-existing condition does not automatically disqualify you from filing a claim. Under the eggshell plaintiff rule, defendants must take injury victims as they find them—they're responsible for the full extent of the harm their conduct caused, including the full worsening of a condition you already had. What they aren't responsible for is the condition as it existed before the accident.
Medical records are critical for showing the difference between your prior medical conditions and the injury complained of after a recent accident. These documents help establish a timeline, highlight any new injury, and demonstrate whether your medical condition worsened due to the incident in question.
Yes. If a work injury significantly aggravates a pre-existing condition, you may qualify for temporary disability benefits while you recover, and potentially permanent disability benefits, depending on how the injury affects your ability to work. Keep in mind that California apportions permanent disability by cause—a doctor determines how much of the disability came from the injury versus the pre-existing condition, and permanent disability payments cover the portion the work injury caused.
Yes, the eggshell plaintiff rule may apply to psychological harm. If the accident triggered or worsened mental health disorders such as post-traumatic stress disorder or emotional distress, the at-fault party may still be held liable, even if an average person might not have suffered as severely.
Yes, physical therapy is often a key part of medical treatment following the aggravation of a pre-existing condition. It may be covered under workers' comp or as part of a personal injury settlement, depending on whether the treatment addresses issues caused by the recent accident.