When someone is injured because of another person’s negligence, they have the right to seek compensation for their losses. However, many injury victims worry that having a pre-existing medical condition will harm their ability to recover damages. In California, the law recognizes that people are often more vulnerable because of prior injuries or health issues. While insurance companies may try to use these conditions against you, the presence of a pre-existing condition does not automatically weaken your claim.
Understanding how these conditions are treated under California law can help you protect your rights and prepare for the challenges you may face during the claims process.
What Counts as a Pre Existing Condition
A pre-existing condition is any injury, illness, or medical issue that existed before the accident in question. This can include chronic illnesses like arthritis, degenerative conditions like herniated discs, old sports injuries, or past surgeries. Even if the condition had not caused problems for years, it still qualifies as pre-existing if it was present before the incident.
Insurance companies often look for medical history that suggests your pain or limitations are not entirely related to the recent accident. Their goal is to reduce the amount they must pay by arguing that your current symptoms are due to a prior condition rather than the new injury.
The Eggshell Plaintiff Rule in California
California follows what is known as the “eggshell plaintiff” rule. This legal principle means that a negligent party is responsible for the full extent of the harm they cause, even if the victim was more susceptible to injury because of a pre-existing condition.
For example, if a person with a prior back injury is involved in a rear-end collision that makes their condition significantly worse, the at-fault driver can be held liable for the additional harm caused. The fact that the victim’s back was already vulnerable does not relieve the negligent party of responsibility.
Aggravation of Pre Existing Conditions
The key distinction in personal injury cases is whether the accident aggravated a pre-existing condition. Aggravation means that the incident made the condition worse, increased pain levels, or caused new complications.
In these cases, compensation can cover:
- Additional medical treatment needed because of the aggravation
- Increased pain and suffering
- Lost wages if the aggravated condition affects the ability to work
- Loss of enjoyment of life due to heightened symptoms
Even if you had symptoms before the accident, the law allows you to recover damages for the worsening of those symptoms caused by someone else’s negligence.
Challenges in Proving Aggravation
While the law protects individuals with pre-existing conditions, proving aggravation can be challenging. Insurance adjusters may argue that your current symptoms are unrelated to the accident or that they would have occurred naturally over time.
Strong medical evidence is critical in these cases. This often includes:
- Medical records from before and after the accident
- Testimony from treating physicians or medical experts
- Diagnostic tests showing changes in the condition
- Statements about your physical abilities before the accident compared to afterward
The more clearly you can show a difference between your health before and after the incident, the stronger your case will be.
Why Full Disclosure is Important
Some injury victims hesitate to disclose their pre-existing conditions, fearing it will harm their case. However, hiding medical history can backfire. If the defense later uncovers the condition, it can hurt your credibility and make it appear as though you were dishonest.
A better approach is to be upfront about your medical history and work with your lawyer to explain how the accident changed your condition. Transparency allows your legal team to prepare the evidence needed to counter insurance company arguments.
How Insurance Companies Use Pre Existing Conditions Against You
Insurance adjusters are trained to minimize payouts, and pre-existing conditions are a common target. They may:
- Suggest that your pain is solely due to your prior condition
- Claim that the accident caused no real change in your health
- Offer a lower settlement based on their assessment of your medical history
An experienced personal injury lawyer can push back against these tactics by presenting medical evidence and expert testimony that supports your claim.
California’s Comparative Negligence and Its Role
California uses a pure comparative negligence system. This means that if you are found partially at fault for your injuries, your compensation can be reduced by your percentage of fault. While comparative negligence usually relates to actions taken during the accident, insurance companies sometimes try to frame pre-existing conditions as evidence that you contributed to your own harm.
A skilled attorney can challenge these claims and ensure that fault is assigned fairly.
Steps to Protect Your Claim When You Have a Pre Existing Condition
If you have been injured in an accident and already had a medical condition, there are steps you can take to strengthen your case:
- Seek medical treatment immediately – This creates a clear record of your condition after the accident.
- Follow all medical advice – Consistent treatment helps show the seriousness of your injuries.
- Document changes in your symptoms – Keep notes on how your condition has worsened.
- Gather past medical records – These provide a baseline for comparison.
- Avoid discussing your condition with insurance adjusters – Let your attorney handle these conversations.
The Role of Expert Testimony
In many cases involving pre-existing conditions, expert witnesses play a vital role. Medical experts can explain how an accident aggravated a condition and why the changes in symptoms are directly related to the incident. This testimony can be powerful in settlement negotiations or at trial, especially when insurance companies are denying the connection between the accident and your worsened condition.
Why Legal Help Matters More in These Cases
Personal injury claims involving pre-existing conditions tend to be more complex than cases without prior health issues. They require careful documentation, expert input, and strong legal arguments to prove that the accident caused real and measurable harm.
A California personal injury lawyer experienced in these cases can anticipate the defense strategies, gather the right evidence, and ensure your case is presented in the strongest way possible. They can also handle communications with the insurance company so you do not have to worry about saying something that could be used against you.
Conclusion
Having a pre-existing condition does not prevent you from recovering compensation in a California personal injury case. The law protects individuals whose health is made worse by someone else’s negligence, regardless of their prior medical history.
The most important factor is proving that the accident aggravated your condition or caused new harm. This requires thorough medical evidence, clear documentation, and strong legal representation.
If you have been injured and already had a health condition, do not assume you have no case. With the right approach, you can still hold the responsible party accountable and seek the compensation you deserve. Acting quickly to get legal advice can make a significant difference in protecting your rights and building a strong claim.
- How Do Pre-Existing Conditions Affect Personal Injury Claims? - August 6, 2025
- What is the Difference Between Economic and Non-Economic Damages? - July 30, 2025
- How Can Workplace Safety Violations Lead to Personal Injury Claims? - July 23, 2025