Personal injury cases are filed to compensate the victim for injuries sustained due to the negligence of another. However, pre-existing injuries could negatively affect a case resulting in reduced compensation awarded to the victim.
The defending team generally pounce on the pre-existing medical issues for rejected a personal injury claim case. You need to understand how an existing condition could affect a personal injury case before filing one to get compensation for the losses.
Pre-existing Injuries in California Personal Injury Cases
A pre-existing injury refers to a physical problem that existed before the accident. Suppose that you have been injured in a truck accident, and hurt your leg. An injury to the same area that occurred a couple of years ago would be considered a pre-existing injury.
Some of the pre-existing medical injuries that affect a personal injury case in the event of an auto accident include the following.
- Head, Back or Neck injuries
- Heart issues
- Previous surgeries
- Respiratory problems
- Spinal stenosis
- Degenerative disease
- Arthritis or osteoporosis
The key to getting compensation in the event of a pre-existing injury is to prove the following two points in the court.
- The pre-existing medical condition was aggravated or made worse after the accident
- The medical issue did not hamper daily activities previously
According to the Eggshell Plaintiff Rule, a guilty person cannot avoid liability since the victim was susceptible to injury. For instance, an elderly person gets seriously injured after being struck by a truck.
The same impact could have only caused a slight injury to a young individual. However, just because the elderly person was frail does absolve liability of the guilty person.
In case the previous injury was not related to the present injury, your personal lawyer could not even allow it to be presented as evidence in favor of the defendant. An experienced attorney will quickly discover the connection and raise an objection in the court to dismiss the evidence.
Conclusion
Insurance companies will literally leave no stone unturned to get away from the liability of compensating the victim. One of the strategies that they commonly use is highlighting pre-existing
issues to absolve from the liability of paying to the victim.
You need to contact an experienced personal injury firm with years of experience in fighting similar cases. An experienced personal injury team will know what steps to take to maximize the compensation amount. You can rest assured that your rights will be protected when you contact an experienced attorney to fight a case for you.
