How Pre-Existing Conditions Affect Your California Car Wreck Claim

In this article, you can discover…

• What qualifies as a pre-existing condition in a personal injury case.
• How insurance companies may try to leverage your medical history against you.
• Why it’s important to disclose prior injuries or conditions to your attorney.

What Qualifies As A Pre-Existing Condition In A Personal Injury Case?

In the auto injury world, a pre-existing condition is a condition or injury you suffered previously that impacted the same (or a nearby) body part that is now injured by the crash.

For example, say you fell off a ladder two years ago, causing severe back pain. You later get rear-ended and now have more back pain as a result.

Insurance companies will use pre-existing conditions to try to downplay or minimize the damage caused by your recent wreck. They might also bring in experts to try to argue that your recent wreck could not possibly have caused that much damage, and you must have a pre-existing condition that was aggravated by the impact.

Insurance companies will leave no stone unturned to try to emphasize prior injuries or conditions as a way to point away from your recent incident.

Can I Still Recover Compensation After A California Car Wreck If I Had Prior Injuries?

Absolutely. Many clients who have had prior injuries that were worsened or reignited by a wreck have been able to recover damages for their recent pain, suffering, and expenses.

How Do Insurance Companies Use My Medical History To Reduce Or Deny Wreck Claims?

Insurance companies (and the defense counsel hired by the insurance companies) will dig into your past to the greatest extent possible. They will comb through primary care records, prior hospitalizations, and prior claims to uncover any point in your past where you’ve complained about pain in the areas of your body that are now hurting.

Insurance companies have databases. They have ways of accessing information that aren’t available to the general public, and they’ll search that information for anything in your past they could blame your current pain on.

From there, they’ll argue that all of your current injuries are mere exacerbations of pre-existing injuries, which, to a jury, carries less weight than entirely new pain.

Can Failing To Disclose Prior Injuries Damage My Credibility In An Injury Case?

Yes, it can, especially if your case goes before a jury. When a jury is trying to determine what your pain and suffering are worth, credibility becomes the most important element. If the jury feels you’re not credible, are holding back information, or are exaggerating your pain levels, they’re not going to award you the compensation you deserve.

Yes, it can, especially if your case goes before a jury. When a jury is trying to determine what your pain and suffering are worth, credibility becomes the most important element. If the jury feels you’re not credible, are holding back information, or are exaggerating your pain levels, they’re not going to award you the compensation you deserve.

How Can A Personal Injury Attorney Protect Me From Unfair Blame Related To A Pre-Existing Condition?

Preparation is key to protecting you from unfair blame, and it’s something that we pride ourselves on at The Lawman Group, APC. We will personally prepare you for deposition, any medical exams required by the defense, any places where you’ll be under the microscope, and the entire legal process. You’ll be prepared twelve ways from Sunday by the attorney who is responsible for your case and whose interests are tied to your interests.

Preparation is key. It’s not good enough to walk into court and say that you don’t remember or attempt to guess at an answer while being questioned. You have got to be ready, and our job is to get you ready for those big moments when the spotlight is on you. By ensuring you’re prepared, we’ll help you get the compensation you deserve.

Still Have Questions? Ready To Get Started?

For more information on pre-existing conditions and car wrecks in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 337-5214 today.