888-341-3071
495+Car accidents are one of the leading causes of injuries in California. In some cases, a motor vehicle collision may aggravate a pre-existing condition. Victims still have the right to file a legal claim. This raises an important question: What can you expect from a car accident aggravated pre-existing condition settlement? The short answer is that you have the right to seek compensation for all damages (economic and non-economic) that you suffered because of the aggravation of your pre-existing condition. Here, our Riverside car accident lawyer provides a guide to pre-existing condition claims in California.
Background: California Is a Fault-Based Motor Vehicle Accident State
First and foremost, it is important to emphasize that California operates under a fault-based system of liability for motor vehicle accident claims. An injured victim must prove that another driver (or other party) breached a duty of care and that the breach caused compensable harm. If they can do so, that at-fault party (and their insurer) can be held legally responsible for the damages sustained in the accident. Every crash should be carefully investigated to determine what exactly happened. An experienced Riverside, CA car accident lawyer will ensure that the investigation is done properly.
What Does It Mean To Have a Pre-Existing Condition?
Many people are dealing with, recovering from, and or living with pre-existing ailments. A pre-existing condition may include any injury, illness, or physical limitation that existed before the crash. These medical issues can take many forms. Some of the most common examples in Riverside, California, include the following:
- Herniated discs
- Degenerative disc disease
- Arthritis
- Prior fractures
- Joint instability
- Previous tissue injuries
Some pre-existing injuries can cause issues for a person. However, many people live and work with these conditions without active symptoms or functional impairment. In an aggravated pre-existing condition claim, the injured victim does not seek compensation for the underlying condition itself. Instead, the claim targets the worsening of that condition.
Note: Medical evidence is very important in pre-existing condition car accident claims. Diagnostic imaging, treatment records, and physician testimony help establish a baseline before the crash and document post-accident changes. Treating doctors often explain whether the collision caused a new injury, aggravated a dormant condition, or accelerated a degenerative process.
California Recognizes the Eggshell Plaintiff Rule
California follows the Eggshell Plaintiff Rule. It is also referred to as the Eggshell Skull Doctrine or, as listed in the Judicial Council of California Civil Jury Instructions (CACI No. 3928), the “Unusually Susceptible Plaintiff” standard. Under this doctrine, a negligent driver is responsible for the injuries they cause, even if the victim was more vulnerable to harm than an average person. A defendant cannot avoid liability because the injured victim was more vulnerable to injury than an average person. If a crash causes greater harm due to a pre-existing condition, the at-fault driver remains responsible for the full extent of the aggravation.
An Attorney Can Fight for the Maximum Car Accident Settlement Pre-Existing Condition
Pre-existing condition claims demand careful legal and medical presentation. An experienced Riverside, CA car accident attorney builds a timeline that shows stability before the crash and deterioration after it. This includes work history, prior treatment gaps, new diagnostic findings, and changes in daily function.
Sadly, the big insurance companies can make things complicated in these cases. Your attorney can confront common insurance tactics. Adjusters often rely on selective medical reviews or broad arguments that injuries are merely degenerative. Your Riverside car accident lawyer can respond with treating physician opinions, objective testing, and causation analysis tied directly to the mechanics of the crash.
The Bottom Line: You can still bring a car accident claim even if your injury is solely the worsening of a pre-existing condition. You have the right to seek compensation for the full extent of the aggravation, including for medical bills, lost wages, and pain and suffering. However, insurance companies often fight hard in these cases. They may try to pressure you into settling for less. Do not let them get away with it. A top-rated Riverside, CA auto accident attorney can help.
Why Trust The JLF Firm for an Aggravated Pre‑Existing Injury
Car accident injury claims are complicated, especially so for the people who aggravated an already existing injury or medical condition. Unfortunately, insurance companies may try to use your pre-existing condition as a justification to reduce the value of your settlement. At The JLF Firm, we know how to hold them accountable. Our Riverside car accident lawyer is standing by, ready to review your case, answer your questions, and help you maximize your financial recovery.
Schedule a Free Consultation With Our Riverside Auto Accident Lawyer Today
At The JLF Firm, our Riverside car accident attorney is an aggressive, effective advocate for justice. We put victims first. If you had a pre-existing medical condition aggravated in a crash, we can help you seek full and fair financial compensation. Contact us today for a free, no-obligation initial consultation. Our firm fights for justice for car accident victims in Riverside, including in 92501, 92502, 92503, 92504, 92505, 92506, 92507, 92508, 92513, and more.
