Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Exacerbation of Preexisting Asymptomatic Conditions in Personal Injury Cases

June 8, 2021 by Michael Waks

Exacerbation of Preexisting Asymptomatic Conditions in Personal Injury Cases

There are countless factors that can impact how a personal injury case unfolds. At the end of the day, the outcome of your case—and whether it is settled without proceeding to litigation—will likely hinge on the strength of the evidence available to prove liability, causation, and damages.

In this article, we will focus on “causation.” To prove causation, it must be shown that the damages you are claiming would not have accrued but for the tort. In other words, your attorney will have to prove that your medical bills and other losses would not have been incurred if the tort had not happened.

There are many reasons why a dispute might arise regarding causation. For instance, if you deviate from your doctor’s orders by participating in a strenuous activity, the insurance company might assert that at least a portion of your losses were caused by your failure to mitigate damages—i.e. your failure to take reasonable steps to facilitate your medical recovery.

Another scenario when a causation dispute might arise is when a plaintiff had a preexisting injury or illness. If, for example, you had a back injury and you are involved in a car accident, and you then try to claim compensation for medical bills related to a back injury, the insurance company might argue that those bills would have accrued even if the accident had not happened. Your attorney may try to overcome this defense by arguing that your condition was exacerbated by the accident and using medical records and expert witness deposition as evidence.

But what if your preexisting condition was asymptomatic? Can the insurance company still argue that the damages you are claiming were caused by that condition? What can your lawyer do to possibly prevent or overcome this defense? These questions will be the focus of this blog.

How an Asymptomatic Preexisting Condition Could Impact Your Case

In the 1997 California case Ng v. Hudson, the court ruled that a personal injury plaintiff can recover compensation for injuries “to the full extent that his condition has worsened” as a result of the tort. In other words, an accident victim can obtain compensation for medical bills and other losses caused by the exacerbation of an asymptomatic preexisting condition, but cannot obtain compensation for damages that would have been incurred even if the accident had not happened.

It is of course true that the discovery of an asymptomatic preexisting condition can complicate a personal injury case. To obtain fair compensation, your lawyer will have to establish the degree to which the accident worsened the preexisting condition.

What If My Condition Made Me More Susceptible to Injury?

Sometimes a person has a medical condition that makes them more susceptible to being harmed in an accident that might not have injured someone who was entirely healthy. For instance, a person with osteoporosis might be more vulnerable to bone breaks and fractures in the event of a car accident or slip and fall.

If this applies to you, it may be possible to obtain compensation for 100 percent of your damages without any reduction in your recovery due to the preexisting condition. As outlined in California Civil Jury Instructions 3923, juries must determine the amount of money that would reasonably compensate the plaintiff for all damages caused by the tort even if the plaintiff had a higher susceptibility to injury than a person who was 100 percent healthy, and even if a normally healthy individual would not have sustained a similar injury.

Common Asymptomatic Preexisting Conditions

There are all sorts of asymptomatic medical conditions that could impact a personal injury case. Some of the most common examples include:

  • Cervical degenerative disc disease,
  • Degenerative disc disease,
  • Osteoporosis,
  • Cervical osteoarthritis, and
  • Lumbar spinal stenosis.

Importance of Hiring an Attorney If You Had a Preexisting Condition

Insurance adjusters are well aware that the mere existence of a preexisting condition does not preclude a claimant from obtaining compensation; however, insurers sometimes try to assert meritless arguments in the hopes that the claimant will accept a lower settlement than they actually deserve.

If you have suffered a personal injury and the insurance company is trying to reduce your recovery due to an asymptomatic preexisting condition, you should contact an attorney right away. If you haven’t yet spoken to the adjuster but you suspect that such a dispute might arise, you should consult a lawyer and let him or her handle all correspondence with the insurance company.

Insurance adjusters often ask questions that are intended to elicit statements that can be used to dispute the claim. A seasoned personal injury lawyer will know how to manage dialogue with the adjuster in such a way that minimizes the likelihood of a dispute arising related to your preexisting injury or illness.

Your lawyer can also compile the necessary evidence to mitigate or overcome such a dispute. If your case proceeds to discovery, your lawyer might depose your treating physician and other medical experts to demonstrate the degree to which the accident worsened your preexisting condition, and to prove the value of the resulting damages.

Call (562) 206-1939 to Speak with a Personal Injury Lawyer in Long Beach

Your Injuries Are Personal to Me

If you were seriously injured through the fault of another person, attorney Michael D. Waks can protect your rights and help you fight for the highest recovery possible. Michael has extensive experience in claims involving preexisting conditions. He is well-versed in the case law and statutes pertaining to these claims, and he can make sure you are treated fairly.

Our law firm offers free consultations and accepts personal injury and wrongful death cases on a contingency fee basis. That means no attorneys’ fees will be owed unless we win your case through a settlement or trial verdict.

We are available 24 hours a day, 7 days a week to take your call. Dial (562) 206-1939 or send us an email to set up a free case review.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing