How Pre-existing Conditions Affect Personal Injury Claims


If you were injured in an accident due to someone else's negligence, there are some challenges you might face when filing a personal injury claim. If you're doing research to understand the process of filing a car accident claim or a workers' compensation claim, you might wonder if there are any exclusions or situations that might hinder your case. For example, suppose you had a prior injury or illness that was further aggravated by the accident. In that case, you might ask—how does a pre-existing condition impact a personal injury claim? In this article, we will discuss details regarding pre-existing conditions and the legal doctrines that support injured victims during a personal injury case.

The Eggshell Skull Rule

A common tactic the negligent party's legal defense will use to deny liability for injuries suffered by the victim is an illness or medical condition the victim had prior to the accident. Attorneys will dig through medical records in search of pre-existing conditions and attempt to claim the injuries would have been less severe had the claimant been healthy in the first place. After all, why should they be responsible for a victim's previous health conditions, right? Wrong! The eggshell skull rule protects claimants by stating that the defendant is responsible for the damages caused, regardless of the victim's fragility. If the victim had a medical condition, such as a skull as thin as an eggshell, they would most likely suffer catastrophic injuries in a low-impact car accident. In contrast, a healthy individual would probably get away with a few scratches or a light bruise after a fender bender or any other minor collision. So, when an injured victim ends up with medical bills over $100,000 after a minor accident, the negligent driver will fight back to avoid compensating the victim for such an outrageous amount.

The Eggshell Skull Rule

Let's take a look at another example—a slip and fall accident at work. Suppose you slipped on a wet surface and tried to break your fall with your hands. There's even surveillance footage showing you fell forward and landed on your forearms with no visible injuries, including any cuts or twisted ligaments. So when you file a workers' compensation claim to recover hundreds of thousands of dollars, your employer will be stunned when you claim you fractured several bones. When your employer discovers you have osteoporosis, your claim might be denied—because, once again, how is it your employer's fault if your bone disease was the biggest contributing factor responsible for your injuries? And unfortunately, this is one of many challenges that can arise during a personal injury case. This is why it's imperative to seek legal advice and speak with an experienced attorney who knows how to protect your rights.

Why You Need An Attorney

California personal injury laws are complex, and calculating damages can be a daunting task. Collecting evidence to prove your injuries involves gathering substantial documents and medical records. Get the help you need from an experienced personal injury law firm and a team of skilled professionals who know how to navigate the legal system. Even if an insurance company doesn't deny your claim, it's not in their favor to compensate an injured victim for what they're actually entitled to. Taking care of yourself after an accident can be physically and emotionally draining—why deal with aggressive insurance companies by yourself? What you need is an advocate on your side to fight for you.

Why You Need An Attorney

Los Angeles Personal Injury Law Firm

Yepremyan Law Firm is a Los Angeles-based personal injury law firm serving clients all over Southern California. We have a dedicated team of attorneys for car accidents, motorcycle accidents, ridesharing, bicycle accidents, pedestrian accidents, slip and fall, dog bites, and workers' compensation claims. As a trusted legal advisor since 1998, we provide 24/7 support and offer free consultations. Contact our office to speak with a Los Angeles personal injury attorney who can walk you through the legal system and ensure you receive the compensation you deserve.

Our firm works on a contingency basis for all personal injury matters. This means we only receive compensation if and when we obtain a settlement for our clients. No recovery, no fee.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.


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