If you’ve been in a car accident and already had a medical condition before the crash, you might wonder, “Can I still file an injury claim?” The short answer is yes—but your Pre-existing conditions auto accident claims in how your claim is handled.
In this post, we’ll explain: ✔ What a pre-existing condition is
- How it affects your compensation
- What California law says
- How to protect your legal rights
What Is a Pre-Existing Condition?
A Pre-existing conditions auto accident claims is any health issue you had before the accident. Common examples include:
- Back or neck pain
- Arthritis
- Herniated discs
- Previous surgeries or injuries
- Anxiety, PTSD, or other mental health conditions
Insurance companies often try to use these conditions to minimize your claim, arguing that the accident didn’t really cause your pain—it just aggravated an old issue.
How Do Pre-Existing Conditions Affect Injury Claims?
Insurance adjusters love to point fingers at pre-existing conditions. However, California law recognizes a very important legal principle:
📌 The “Eggshell Plaintiff” Rule
This rule states that a defendant must take a victim as they are—even if they’re more physically vulnerable than the average person.
In other words, if the accident made your condition worse, the at-fault driver can still be held responsible for those damages.
🔗 Read more about California’s personal injury standards
Claim Denied Because of a Pre-Existing Condition? Don’t Panic.
Here’s what you need to know:
❌ The Insurance Company’s Tactic
They may try to argue that your pain isn’t new—or that the accident didn’t cause any additional damage. This is a common strategy to deny or reduce your claim.
✅ What You Can Do
- Collect all your medical records—before and after the crash
- Work with your doctors to document how the accident worsened your condition
- Hire a lawyer who can clearly explain the medical evidence to insurers or a jury
How to Strengthen Your Auto Accident Claim with a Pre-Existing Condition
To protect your case and ensure fair compensation:
1. Be Honest About Your Medical History
Hiding past conditions can damage your credibility. Be upfront, but clear about the difference in pain or function after the accident.
2. Get Prompt Medical Care
Have a doctor evaluate how the accident aggravated your condition. Medical experts can testify about the change in symptoms.
3. Don’t Sign Anything Without Legal Review
Insurers may offer a quick, low settlement or ask you to sign a release form. Don’t do it. Speak with a lawyer first.
How a Lawyer Can Help You Prove Your Case
If you have a pre-existing condition, your case may be more complex—but it’s still winnable.
A personal injury lawyer will: ✔ Gather expert medical opinions
- Compare pre- and post-accident medical records
- Show how the crash intensified your symptoms
- Fight back against lowball offers based on your health history
Real Example
Let’s say you had mild lower back pain from a job injury years ago. After a rear-end collision, you now suffer from constant pain, limited mobility, and need physical therapy.
Even though the injury wasn’t new, the crash clearly made it worse. Under California law, you can still recover compensation for the worsened condition.
Final Thoughts
Don’t let a pre-existing condition stop you from seeking the compensation you deserve. While your health history may affect your claim, it does not eliminate your right to recover damages—especially if the accident made your condition worse.
- Be honest
- Seek medical care
- Let a skilled attorney guide you through the process
📢 Your injuries matter—even if they didn’t start with the crash.