Yes, a pre-existing injury can affect your accident claim in California by changing how an insurance company calculates your damages, but it will not bar you from recovering compensation if the crash exacerbated your condition. In California, accident victims must be accepted as they are, meaning you don’t need to be injury-free at the time of your accident to qualify for compensation.
What Is the Eggshell Plaintiff Rule?
The eggshell plaintiff or eggshell skull rule is a personal injury law doctrine that holds a defendant or accused party liable for the full extent of a plaintiff’s (victim’s) injuries and losses, even if the plaintiff had an “unforeseeable and uncommon reaction” to the defendant’s negligence.
In other words, if a plaintiff in a personal injury case had a pre-existing injury or condition that exacerbated the level of damage he or she suffered, the defendant is still responsible for the full value of the victim’s losses.
The name of the doctrine stems from a common example used in teaching law students, where a plaintiff has a condition that makes his skull as thin as an eggshell. In this example, a defendant can be held liable for the victim’s severe traumatic brain injury even if a plaintiff without the same pre-existing condition would not have been seriously injured.
Can a Pre-Existing Injury Affect My Accident Claim in California?
What to Expect From a Claim Involving a Pre-Existing Injury
Although a defendant legally has to accept you the way you are at the time of an accident, including any pre-existing injuries and health conditions, this doesn’t stop insurance companies from trying to use pre-existing injuries against claimants to minimize settlement values.
Common insurance tactics to look out for include:
- Asking for your full medical history rather than only accident-relevant records.
- Trying to state that the injuries you are claiming were unrelated to the accident.
- Downplaying how much an accident exacerbated an existing condition or prior injury.
- Blaming your accident-related pain and suffering on a pre-existing injury.
- Trying to lower your settlement value due to “unclear or incomplete” medical documentation.
You may encounter these issues if your medical history includes diabetes, arthritis, cancer, chronic pain, old injuries, back injuries, broken bones, soft-tissue injuries, brain injuries or other pre-existing injuries. If you have a record of past injuries or medical diagnoses, be prepared for an insurance company to use them against you.
How to Protect Your Injury Claim
As a victim of someone else’s negligence in California, you could be entitled to financial compensation not only for any new injuries or harm caused but also for the extent that the accident exacerbated or worsened pre-existing injuries. It is up to you to protect your rights when dealing with insurance companies.
Start by being honest about any pre-existing injuries and conditions. Disclose your medical history with full transparency to show how the accident aggravated a pre-existing condition. Follow up with your doctors and treatment plans consistently. Work with your doctors to create a record of your health status before and after the accident.
Before dealing with the insurance claims process, and definitely before accepting a fast settlement, contact a Riverside personal injury attorney who has experience handling pre-existing injury cases. Your lawyer can help you build a strong and clear record of both new and old injuries to pursue fair financial compensation. Contact Jacoby & Meyers today to arrange a free consultation.