Being involved in a car crash is difficult enough — but it can feel even more overwhelming if you already had a medical condition or injury. Many people mistakenly believe they can’t file a claim if the accident didn’t “cause” the injury, but only made it worse. Fortunately, California law still protects your rights in this situation.
Let’s say you had ongoing neck or back pain before the crash, and now the symptoms are more severe or limiting. Under California law, the at-fault driver can still be held responsible for any worsening of a pre-existing condition. This is part of what’s known as the “eggshell plaintiff” rule, which holds negligent parties accountable for the full extent of a victim’s injuries — even if the victim was more vulnerable than average.
After an accident, it’s essential to be honest with your doctor about your medical history. Detailed records will help your legal team show how the accident aggravated your prior condition. Insurance companies often try to deny or reduce these claims, so clear documentation and legal representation are key.
The California Department of Insurance states that victims have the right to file a claim if the crash made a pre-existing injury worse — as long as they can prove the connection. You also need to act quickly, as there are strict deadlines for personal injury claims in California.
At the Law Offices of David Davidi, we understand how difficult it can be to deal with chronic conditions made worse by an accident. We know how to present strong medical evidence and stand up to insurance companies that try to minimize your case.
To learn more about how injuries can be worsened by trauma, visit the Centers for Disease Control and Prevention (CDC). If you’ve been in a crash that aggravated a prior condition, contact us today for a free consultation.
