Setareh Law
February 19, 2025
Pre-existing conditions can complicate personal injury claims, influencing how injuries are assessed, along with how much compensation may be awarded. Insurance companies and opposing parties may scrutinize these conditions to argue that injuries stem from prior health issues rather than from the accident, meaning you don’t get the full compensation you should for your injuries and other damages.
At Setareh Law, our team provides guidance to protect clients’ rights when dealing with personal injury claims involving pre-existing conditions. Our skilled legal representation can help counter insurance tactics designed to minimize payouts and ensure fair consideration of all injuries.
Pre-Existing Conditions in Personal Injury Claims
Pre-existing conditions refer to medical issues or injuries that existed before an accident. Insurance companies often use these conditions to challenge claims, arguing that the injuries resulted from prior health issues rather than the incident. For example, if someone with a history of back pain experiences worsening symptoms after a car accident, the defense may claim the pre-existing condition, not the crash, caused the pain.
Medical records play a crucial role in these cases, as insurance companies examine them to determine whether injuries are truly accident-related. They may also try to offer quick settlements in hopes of avoiding larger payouts. Seeking legal advice ensures that medical records are presented effectively and that the pre-existing condition is not unfairly used against the claimant.
The Eggshell Plaintiff Rule and Its Implications
The eggshell plaintiff rule holds defendants responsible for a plaintiff’s full injuries, even if a pre-existing condition makes those injuries worse. This principle prevents defendants from escaping liability simply because the injured person had prior health concerns.
Despite this protection, insurance companies may still argue that a pre-existing condition played a larger role in injuries than the accident. Our legal team at Setareh Law will ensure that your rights are protected in the case of an accident and any pre-existing conditions.
Steps to Protect Your Claim When a Pre-Existing Condition Exists
Certain steps can strengthen a personal injury claim when pre-existing conditions exist. Seeking immediate medical attention after an accident creates a record of any new injuries. Additionally, keeping track of symptoms, treatments, and changes in health helps establish a connection between an accident and worsening conditions.
After you and your lawyer have gathered all of the necessary evidence, your lawyer will get to work organizing a claim on your behalf. They will create a compelling and solid argument to ensure that you get the compensation you’re owed after a personal injury claim, even if you do have pre-existing conditions. This may include damages such as pain and suffering, medical costs, property damage, and any wage-related needs.
Work With a Skilled Lawyer at Setareh Law To Manage a Personal Injury Case
Legal representation helps manage personal injury cases involving pre-existing conditions. A lawyer gathers evidence, consults with medical experts, and presents a compelling case to ensure fair treatment. Handling insurance companies and legal proceedings alone can be difficult, but an attorney provides support throughout the process.
An attorney also plays a crucial role in ensuring that pre-existing conditions do not unfairly reduce compensation. At Setareh Law, our team works to protect clients’ rights, ensuring that insurance companies and opposing parties do not minimize claims due to medical history. Proper and skilled legal support can make a significant difference in securing fair compensation and a successful resolution. Call our team at Setareh Law at (310) 659-1826 or fill out our contact form today. We also speak Spanish.
