Pre-existing conditions refer to health issues that someone may already have prior to a new injury happening or a personal injury action being filed.
These can consist of chronic illnesses (diabetes, arthritis, heart disease, asthma), previous injuries (back pain, knee injuries), degenerative conditions (such as osteoporosis, degenerative disc disease), and mental health conditions (including depression, anxiety, and PTSD) which could result in a potential outcome being impacted in an injury claim based on how the various conditions interact and affect the severity of or recovery from the new injury.
Previously existing health issues are important for personal injury claims as they will influence the causation of your injury and even the extent of injury. In responding to a personal injury claim, an insurance company and a court will need to ascertain whether your injury was caused by the personal injury incident or whether the incident aggravated or more severely impacted prior to the incident health condition.
A plaintiff can receive compensation for aggravation to pre-existing health conditions but cannot receive compensation for the health condition itself. A plaintiff will need strong supporting medical evidence, such as records and expert testimony to demonstrate that they sustained new injuries or there was an exacerbation of previously existing injuries.
In California, there are laws in place that protect plaintiffs with pre-existing conditions from being treated unfairly in court.
The Eggshell Plaintiff Rule requires the defendant to take the plaintiff as they find them, and will be liable for all damage caused, even if the plaintiff’s pre-existing condition contributed to their vulnerability to injury. The plaintiff must produce evidence, such as medical records and expert witness testimony, to prove that this incident aggravated or worsened the pre-existing condition.
The legal process will require the gathering of adequate medical evidence, including medical records of both pre-existing conditions and new injuries, expert witness testimony to explain the nature of the injuries and how they play an impact, as well as personal testimony that explains how injuries are impacting affected parties’ day-to-day activities. Legal representation is very important in these matters to navigate the complexities of litigation and guarantee that fair compensation is provided, as well as help with ensuring the plaintiff’s insurance company is providing a fair settlement.
