If you’ve ever hesitated to pursue a personal injury claim because of a pre-existing condition, you’re not alone. Many people worry that their medical history will prevent them from receiving fair compensation after an accident. Here’s the truth: having a pre-existing condition doesn’t disqualify you from filing a claim.
In fact, California law protects your right to seek compensation, even if your injuries are aggravated by a condition you already had. Let’s break this down and address how you can navigate a personal injury claim involving pre-existing conditions—whether you’re in Manhattan Beach, Torrance, or beyond.
Yes, you absolutely can. Here’s why: the law recognizes what’s called the “eggshell plaintiff” rule. This means that defendants must take you as they find you. If their negligence caused an accident that worsened your pre-existing condition, they can still be held responsible for the aggravation.
For example:
So, the idea that a pre-existing condition bars you from filing a claim? That’s a myth.
Insurance companies love to argue that your injuries aren’t new, and therefore, they shouldn’t have to pay. This is where things get tricky—but not impossible. The key to overcoming these arguments lies in proving that the accident worsened your condition.
Let’s be real: insurance adjusters don’t play fair. They’ll dig into your medical history to downplay your injuries or blame them entirely on your pre-existing condition. But with the right approach, you can level the playing field.
It’s tempting to hide a pre-existing condition, but don’t. If you’re not upfront, insurers will use it against you when they find out—which they almost always do. Instead, work with your attorney to frame your condition accurately.
The goal is to prove how the accident worsened your condition, not to argue about the condition itself. The conversation should always return to the defendant’s negligence and its impact on your health.
Here’s where having the right attorney comes into play. Legal professionals at Gammill Law can anticipate and counter the tactics insurers use, ensuring you’re not shortchanged because of your medical history.
Evidence makes or breaks a personal injury claim, especially when pre-existing conditions are involved. Here’s what you need to gather:
So, what can you recover in a personal injury claim involving a pre-existing condition?
Remember, insurance companies may try to argue that your damages should be limited because of your condition, but the right legal team can counter these arguments effectively.
When it comes to pre-existing conditions, you need an attorney who knows how to navigate the complexities of these cases. From analyzing medical records to presenting compelling evidence, experienced attorneys ensure that your condition isn’t used against you unfairly.
At Gammill Law, the team has extensive experience handling personal injury claims in Manhattan Beach and Torrance. They work tirelessly to ensure clients receive compensation that reflects the full extent of their injuries, regardless of their medical history.
Navigating a personal injury claim with a pre-existing condition requires careful planning and execution. Here are some tips to set yourself up for success:
It’s time to stop seeing pre-existing conditions as obstacles in personal injury cases. Instead, they’re opportunities to highlight just how much the defendant’s negligence has impacted your life. With the right approach—and the right legal representation—you can secure the compensation you deserve.
Whether you’re in Manhattan Beach or Torrance, remember this: your medical history doesn’t define your claim. What matters is how the accident changed your condition and your life.
Personal injury claims are challenging, especially when pre-existing conditions come into play. But don’t let fear or misinformation hold you back. With experienced professionals like Gammill Law by your side, you’ll have the resources and expertise needed to face these challenges head-on.
