When you’re involved in a car accident in California, things can quickly become complicated if you have a pre-existing injury. A pre-existing injury is a medical condition or injury that existed before the car accident took place. These can include anything from back pain, neck pain, or even previous surgeries. After a crash, it can be hard to figure out how much of the pain or injury is new and how much is related to something you already had. This becomes an important issue when filing a claim for compensation. At, Timothy J. Ryan & Associates , we are here to guide you through the legal process and help you navigate the complexities of your case.
Insurance companies and even the other driver may argue that your injury is not from the car accident at all but from the condition you already had. This is why it is important to understand how pre-existing injuries can affect your case and what steps you can take to protect your rights. In California, the law takes into account pre-existing injuries, but proving your case can still be challenging. By understanding how these cases are handled, you can better prepare yourself to pursue compensation for the injuries you sustained in the crash.
Understanding Pre-Existing Injuries
Pre-existing injuries are medical conditions or injuries that you had before a car accident. These can range from chronic back pain to injuries from a previous car accident or surgery. Sometimes, a new car accident can make an old injury worse, causing you more pain and discomfort. This can be tricky when it comes to legal cases because insurance companies may try to reduce the amount of money you receive by blaming your pain on the old injury rather than the new accident.
It is important to note that California law allows you to recover compensation for your injuries, even if you had a pre-existing condition before the accident. The key is proving that the car accident made your injury worse or caused new pain that you did not have before. If you can show that the accident aggravated your injury, you may still be able to receive compensation.
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The “Eggshell Plaintiff” Rule in California
In California, there is a legal concept known as the “eggshell plaintiff” rule. This rule says that the person responsible for the car accident is still responsible for your injuries, even if you were more vulnerable to injury because of a pre-existing condition. This means that if you had a bad back before the accident and the crash made your back injury worse, the person who caused the accident cannot escape responsibility just because your injury was more severe than someone without a pre-existing condition.
This rule is important for people who have pre-existing injuries because it ensures that they can still recover damages for their injuries, even if the accident made their old injury worse. However, the rule also means that you will need to provide clear evidence showing how the accident aggravated your condition. This can involve medical records, testimony from your doctor, and other proof that shows your condition worsened after the accident.
How Pre-Existing Injuries Can Complicate Your Case
Although the “eggshell plaintiff” rule protects individuals with pre-existing conditions, these types of cases can still be more complicated than others. Insurance companies often try to use pre-existing injuries as a way to reduce the amount of money they have to pay. They may argue that your pain and suffering are mainly due to your old injury and not from the accident at all. This is why gathering the right evidence and having a strong legal team by your side is so important.
Your medical history will play a key role in your case. Insurance companies will likely request access to your medical records to look for any evidence that they can use to argue against your claim. While they can’t deny your claim just because you had a pre-existing injury, they will try to show that the accident did not make your injury worse. This is why it is essential to keep detailed records of your medical condition before and after the accident. Your doctor can help by providing documentation that shows how your condition changed after the accident.
Got a really bad head concussion and Timothy J. Ryan & Associates was amazing.” Tim helped me to stop stressing out about my case and focus my attention back on my work and family. Tim is one of the smartest men I have ever met. This personal injury law firm changed my life. They did not disappoint in any way. The entire office was professional and friendly! You can trust this firm. Highly recommend. ” - Flex Drill Tim is personable, knowledgeable in law and interested in you as a person, Tim stayed on top of my case and kept me updated frequently. His staff (Sose and Katelyn were outstanding and worked closely with me to get things done. I would recommend this law firm." - Leslie Bartimore Very efficient and professional personnel. Starting from the top to bottom. The experience was great. Being Hispanic was really happy seen how they were able to handle cases with all different ethnicities. The treatment I got from Tim and the legal assistant was beyond awesome. Super happy with the settlement and the outputs of my case. Thanks a lot Tim and Tania." - Rafael Sarabia
Proving That the Accident Aggravated Your Pre-Existing Injury
To win your case, you will need to prove that the car accident either caused new injuries or made your pre-existing injury worse. This is where medical evidence becomes very important. After the accident, make sure to see a doctor right away, even if you feel like your injuries are minor. It’s also important to tell your doctor about your pre-existing condition so that they can document how the accident impacted your injury.
Your doctor will be able to provide medical records that show the difference in your condition before and after the accident. They can also explain how the accident worsened your injury. This evidence will be key when fighting the insurance company or presenting your case in court.
In addition to medical records, you can also provide other types of evidence to show how the accident made your injury worse. For example, you can keep a pain journal where you write down your pain levels and how they change after the accident. You can also ask family members, friends, or coworkers to testify about how the accident affected your ability to do everyday activities. All of this evidence can help strengthen your case.
Challenges of Dealing with Insurance Companies
Insurance companies are known for trying to reduce the amount of money they have to pay out, and they often do this by downplaying your injuries. If you have a pre-existing injury, they may argue that your pain and suffering are not from the accident but from your previous condition. This is why working with an experienced lawyer can make a big difference in your case.
An attorney can help gather the necessary evidence to prove that the accident made your pre-existing injury worse. They can also negotiate with the insurance company on your behalf to ensure that you receive fair compensation. Without proper legal representation, it can be difficult to fight against the insurance company’s tactics, especially if you are dealing with pain and trying to recover from your injuries.
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The Importance of Legal Representation
Having an attorney by your side is crucial when dealing with pre-existing injuries and car accident cases. These cases can be more complicated than other types of personal injury claims because of the challenges involved in proving that the accident worsened your pre-existing condition. An attorney who understands California personal injury law can help you navigate the process and ensure that your rights are protected.
Your lawyer will help you gather evidence, work with medical specialists, and build a strong case to prove that the accident aggravated your injury. They can also help you deal with the insurance company and make sure you receive the compensation you deserve. Without a lawyer, it can be difficult to fight back against insurance companies that try to deny your claim or reduce the amount of money they have to pay.
What You Can Do to Help Your Case
If you have a pre-existing injury and are involved in a car accident, there are several things you can do to protect your rights and help your case. First, make sure to seek medical attention right away. Even if you feel like your injuries are minor, seeing a doctor is important to document the impact of the accident on your condition.
Next, keep detailed records of your medical condition both before and after the accident. This includes getting copies of medical records, keeping a pain journal, and asking for documentation from your doctor that shows how the accident aggravated your injury. The more evidence you have, the stronger your case will be.
It’s important to contact a lawyer who has experience handling car accident cases involving pre-existing injuries. They can help you gather the necessary evidence and fight for your rights, ensuring that you receive fair compensation for your injuries.
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If you have been involved in a car accident in California and have a pre-existing injury, it is important to seek legal representation to protect your rights and get the compensation you deserve. At Timothy J. Ryan & Associates, our experienced team of attorneys is here to help you navigate the complexities of your case and fight for the best possible outcome. We understand the challenges that come with pre-existing injuries and are dedicated to ensuring that your voice is heard. Contact us today for a free consultation to discuss your case. You don’t pay unless we win.