What Happens When an Accident Makes a Pre-Existing Condition Worse?
In general, you cannot sue for damages based on a pre-existing condition. However, you may recover compensation if that condition was made worse or exacerbated by the accident. California law protects vulnerable accident victims who may be more susceptible to injuries.
At Westlake Injury Law, we offer experienced, dedicated representation for car accident victims in Thousand Oaks and throughout Ventura County. We have recovered millions on behalf of our clients, including over $800,000 for a car accident victim with a pre-existing condition.
If your underlying injuries were made worse in a car accident, contact our office at (805) 338-6880 for a free, no-obligation consultation.
Common Injuries and Underlying Conditions Made Worse After an Accident
Millions of Americans suffer from pre-existing conditions that can be aggravated by the sudden impact of a car crash. These conditions may be the result of a previous accident, chronic disease, or prior trauma.
Common pre-existing conditions include:
- Head, neck, and back pain
- Nerve damage
- Degenerative disc disease
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Joint inflammation or arthritis
- Heart problems
While you cannot recover damages for your pre-existing condition or disability, you are likely entitled to compensation if the accident made the health problem worse. It is critical to speak with an attorney as soon as possible if you have an underlying health concern that was exacerbated by an auto accident.
California’s Egg-Shell Plaintiff Rule
California law recognizes that some plaintiffs are more susceptible to injuries than others. Often referred to as the “eggshell plaintiff” rule, the state allows individuals to file a claim for damages against a person whose wrongful conduct aggravated an underlying condition.
Insurance representatives for at-fault drivers will often try to deny claims based on pre-existing injuries or disabilities. If your claim for damages after a car accident was rejected based on a prior condition, it is strongly recommended that you consult with an experienced attorney.
Proven Case Results for Clients with Pre-Existing Conditions.
At Westlake Injury Law, we fight tirelessly to ensure that our clients receive the largest compensation allowed by law. We know that many people suffer from painful pre-existing conditions that can be made worse by the sudden impact of a collision. Insurance companies use unscrupulous tactics to downplay injuries and deny claims.
Recently, a client with a painful pre-existing degenerative disc disease exacerbated by a car accident had her claim valued at only $17,000. Attorney Russ Ercolani knew that she deserved more, aggressively litigating the case for over three years. As a result of his vigorous advocacy, he was able to secure a settlement for over $800,000.
Was Your Pre-Existing Injury Made Worse After an Accident? Contact Our Office Today.
Was your underlying condition or prior injury made worse after a car accident? Contact our office at (805) 338-6880 for a free consultation.
At Westlake Injury Law, we know what it takes to win “eggshell plaintiff” cases. We do not give up until our clients receive the compensation they deserve.