When you have been injured in an accident, the last thing you expect is for an insurance company to try to use your medical history against you. Unfortunately, this is a common tactic, especially if you have a pre existing condition. At Bojat Law Group, our Thousand Oaks personal injury lawyer team has seen insurers repeatedly attempt to reduce payouts by claiming that your pain or limitations were there long before the accident. The truth is that California law allows you to recover damages if an accident makes an existing condition worse, and knowing how to prove this can protect your right to full compensation.
What Counts as a Pre Existing Condition
A pre existing condition is any injury, illness, or health issue you had before the accident occurred. Common examples include:
- Chronic back or neck pain
• Arthritis
• Past concussions or other brain injuries
• Old fractures that never fully healed
• Degenerative joint problems
• Pre existing anxiety, depression, or PTSD
Insurance companies often try to say that your symptoms are simply the natural progression of these conditions rather than the result of the accident. This is where having strong legal representation becomes critical.
The Eggshell Plaintiff Rule
California follows what is known as the eggshell plaintiff rule. This legal principle states that a negligent party is responsible for all the harm they cause, even if the victim was more vulnerable to injury because of a prior medical condition. In other words, if you had a weaker back, and a crash made it significantly worse, the person who caused the accident is still liable for the damage.
How Pre Existing Conditions Impact Your Claim
While you can still recover damages, cases involving pre existing conditions are often more complex. Insurance companies will dig through your medical history looking for anything they can use to argue that your current pain is unrelated to the accident. They may request years of medical records, question your doctors, and even hire their own medical experts to dispute your claim.
To strengthen your case, your lawyer will need to show clear evidence of how your condition changed after the accident. This often involves:
- Comparing pre accident and post accident medical records
• Using diagnostic imaging such as MRIs or X rays to show new injuries or aggravation of old ones
• Having medical experts testify that the accident worsened your condition
• Gathering witness statements from family, friends, or coworkers who saw the change in your health and abilities
The Importance of Full Disclosure
One of the most common mistakes injured people make is hiding a pre existing condition out of fear it will hurt their case. In reality, concealing your medical history can damage your credibility and give the defense an opening to question everything you say. Being honest with your attorney from the start allows them to build the strongest possible case around the facts.
How Bojat Law Group Can Help
When you have a pre existing condition, your personal injury case requires extra attention to detail and strong legal strategy. At Bojat Law Group, we know the tactics insurance companies use and how to fight back. We work with top medical professionals to document exactly how your injuries worsened after the accident. Our team also anticipates the arguments the defense will raise and prepares evidence to counter them before they can gain traction.
If an accident in Thousand Oaks aggravated an old injury or medical issue, you deserve compensation for the real impact it has had on your life. This includes medical treatment, rehabilitation, lost wages, pain and suffering, and any permanent loss of function.
Take the First Step Today with Thousand Oaks Personal Injury Lawyer at Bojat Law Group
Do not let an insurance company convince you that your pain does not matter because you had a prior condition. The law is on your side, but you need a legal team that knows how to use it to your advantage. Speak with an experienced Thousand Oaks personal injury lawyer at Bojat Law Group today by calling (818) 877 4878 for a free consultation. We will listen to your story, review your medical history, and build a case that seeks every dollar you are entitled to recover.