Can You Recover Damages After a Car Accident If You Have a Pre-Existing Condition?

Posted in Personal Injury on January 27, 2025

If you’ve been in a car accident that reinjures a pre-existing condition, you’re probably concerned your prior condition prevents you from seeking the compensation you deserve. Thankfully, having a pre-existing condition doesn’t mean you’re banned from recovering damages after a car accident. Under California law, you may still seek compensation if the accident worsened your condition or caused new injuries. Insurance companies often try to downplay these claims, but with clear medical documentation and an experienced personal injury lawyer, you can pursue the compensation you deserve.

At Soofer Law Group, we understand the complexities of handling cases involving pre-existing conditions. With our dedication to securing fair outcomes, we navigate the challenges insurers present when disputing these claims. Our proven track record reflects our commitment to each client’s unique circumstances. Let us advocate for the compensation you deserve.

How Pre-Existing Conditions Affect Car Accident Claims

Having a pre-existing condition doesn’t automatically disqualify you from recovering damages after a car accident, but it can impact the amount and type of compensation you receive.

Insurance companies will often scrutinize claims involving pre-existing conditions and try to minimize the severity of your case and subsequent compensation, claiming you were already injured prior to the accident and the accident did not cause your injuries. There are three scenarios in which you can be compensated for an injury to a pre-existing condition:

• Worsening of a pre-existing condition: When the car accident exacerbates your prior injury, the at-fault party can be held responsible for the additional harm they caused. 
• New injury: A new injury related to your pre-existing condition can occur. For example, if you have a ligament tear in your knee but the car accident causes you to fracture your knee cap, then the at-fault party can be held responsible.
• New symptoms: If you suffer new symptoms related to your pre-existing injury, you have the right to seek compensation for the damages caused by those symptoms.

The key factor in these cases is causation. You will need to demonstrate that the accident directly caused one of these scenarios. This can be done through medical records, expert testimony, and diagnostic testing to prove a link between your injuries and the car accident.

However, you don’t have to do all of this work alone. Hiring a personal injury lawyer is crucial in taking this stress off of your plate, as they can fight for the compensation you need while you focus on your recovery. 

What Is the Eggshell Plaintiff Rule?

In California, the legal principle known as the “eggshell plaintiff” rule states that an at-fault party must take the plaintiff as they find them, even if they have a pre-existing condition that puts them at additional risk. In other words, if a person with a pre-existing condition suffers additional harm as a result of an accident, the at-fault party is still responsible for the resulting injuries suffered by the plaintiff.

For example, take a person with chronic back pain. If a car accident causes the back pain to become more severe, the at-fault party can’t use the previous chronic back pain as a defense to reduce their liability. The eggshell plaintiff rule ensures that individuals with pre-existing conditions are treated fairly under the law and receive compensation for the full extent of their injuries.

It’s important to note that the at-fault party is only responsible for worsening pre-existing injuries or causing new injuries, not the natural progression of the pre-existing condition. 

How Can Soofer Law Group Help You Recover Damages With a Pre-Existing Condition?

At Soofer Law Group, we take the stress out of navigating claims involving pre-existing conditions. With a deep understanding of personal injury law, we build strong cases that counter insurance companies’ efforts to undervalue or deny your claim. From gathering essential medical evidence to working with experts who can demonstrate how your accident aggravated your pre-existing condition, we work tirelessly to protect your rights.

Our commitment to personalized representation ensures every case receives the attention and resources it deserves. We’ve successfully secured significant recoveries for clients facing similar challenges, even when initial settlement offers were unjust. Let us help you seek the compensation you deserve to focus on healing. Call us at (310) 861-4058 or fill out our contact form.