If you suffer from a pre-existing injury and then get involved in a car accident, you might wonder how this affects your claim. Understanding how your previous condition impacts the handling of your injury case in California can help you navigate the process.
The “eggshell plaintiff” rule
California follows the “eggshell plaintiff” rule, which means that even if you had a pre-existing injury or condition, the person responsible for the accident remains liable for the harm they caused. If the accident worsens your pre-existing injury, the responsible party may still have to pay for the additional harm. Essentially, you don’t need to be in perfect health before the accident to seek compensation for worsened injuries.
Documenting your condition
When you deal with a pre-existing injury in a car accident claim, documenting everything is crucial. Medical records that show the extent of your prior injury, treatment history, and the impact it has had on your life can strengthen your case. You’ll need your doctor to explain how the car accident worsened your pre-existing condition. Without clear evidence that the accident aggravated your injury, proving the severity of the damage may become difficult.
Comparative negligence and pre-existing injuries
California operates under a comparative fault system. If your previous condition made you more prone to injury, the at-fault party still bears responsibility. However, your compensation might reduce if you share any fault for the injuries. For example, if your pre-existing injury made you more vulnerable to harm in the accident, the court could reduce the amount of compensation based on your level of responsibility for the injury.
Proving aggravation of the injury
One of the biggest challenges with a pre-existing injury is proving that the car accident aggravated or worsened the injury. Medical professionals must explain how the collision contributed to the worsening condition. Without expert testimony or medical documentation, establishing a link between the accident and the injury’s increased severity becomes difficult.
You should work with a professional to handle these situations, especially when pre-existing injuries are involved.
