Many car accident victims assume that they cannot recover compensation if they suffered pre-existing conditions. However, this is not the law in California. An experienced car accident attorney from The Miller & Steele Law Firm can explain how pre-existing conditions can affect your Carlsbad personal injury claim here.
What Is a Pre-Existing Condition?
A pre-existing condition is a health condition or previous injury you already had at the time of your car accident. For example, you could suffer from chronic arthritis, or you could have sustained a back injury at work. New accidents and injuries can make pre-existing conditions worse.
How Can Pre-Existing Conditions Affect My Accident Claim?
Insurance companies will do everything possible to reduce your personal injury settlement. They may try to claim that they should not have to pay because your injuries aren’t new or try to say your claim is worth less than it really is, citing old injuries.
However, this is not the law in California, which follows the eggshell skull doctrine. Under this legal doctrine, defendants must take plaintiffs as they find them. Just because an accident victim had a pre-existing injury does not mean that the defendant gets out of paying for the harm they caused. Defendants are responsible for paying all costs associated with new injuries or a worsening of pre-existing injuries.
How to Fight Back If the Insurance Company Denies Your Claim
If the insurance company denies your claim, ignores the law, and tries to get out of paying simply because you had a pre-existing injury, there are steps you can take to fight back, including:
- Keeping detailed medical records that clearly separate your pre-existing injuries from your new ones
- Being honest with your healthcare provider about your new symptoms and struggles
- Seeking medical attention immediately so your new injuries and worsening symptoms can be properly documented
- Working with an experienced personal injury lawyer who can handle all communications and negotiations with the insurance company
- Working with expert witnesses as your personal injury lawyer requests
- Tracking your pain, symptoms, and struggles in a journal to document how your life has been impacted by the new accident
- Keeping all of your medical appointments and following your doctor’s orders
You don’t have to be in perfect health to recover compensation in a car accident claim. You can seek compensation for your additional medical expenses, lost income, and pain and suffering caused by the car accident.
Contact The Miller & Steele Law Firm for Immediate Legal Representation
Don’t let insurance companies bully you around and try to get out of paying fair compensation for your car accident injuries. A pre-existing condition should not prevent you from obtaining the compensation you deserve. An experienced Carlsbad car accident attorney from The Miller & Steele Law Firm can help build a strong claim on your behalf, differentiate your pre-existing injuries from your new injuries, and fight for the financial compensation your claim merits. Schedule a free consultation by calling (760) 439-2210 or contacting us online.