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Posted in: Auto Accident

Will A Pre-Existing Condition Prevent Getting Fair Compensation for an Accident Injury?

Nov 16, 2021

When you’ve been injured in an accident and have a pre-existing condition, you may be tempted to avoid pursuing your personal injury claim and simply bypass the compensation you rightly deserve. Though the pre-existing condition might complicate your claim, an experienced attorney, who practices personal injury exclusively, can make the effort worthwhile and improve your chances of getting fairly compensated.

Pre-Existing Condition Blog

Hiring an attorney who is unfamiliar with handling the complexities of pre-existing conditions in a personal injury case could mean getting thousands of dollars less in your pocket. To help sort through this issue, the following insights about pre-existing conditions can help you understand how they could impact your case.

What Is a Pre-Existing Condition?

A pre-existing condition is typically a documented medical or physical condition that existed before the accident occurred, and was not caused by the at-fault party. It’s equally important to understand that when someone causes an accident due to negligence, they become liable for all the resulting losses, including injuries that worsen or negatively affect your pre-existing condition.

California Law On Handling Pre-Existing Conditions

In California, pre-existing conditions come down to causation. The question is what injury and impact to your pre-existing condition did the at-fault party cause?

Suppose you have a pre-existing condition like arthritis in your knee? The at-fault party may argue the pain in your knee arises from your pre-existing arthritis. In fact, they might further argue that your knee injury and pain is due entirely from your pre-existing arthritis.

As experienced attorneys handling personal injury cases exclusively, we have the knowledge and expert resources to help differentiate the effects of the pre-existing condition from the injuries caused by the accident. Whether it’s a pre-accident examination showing 40% of the normal cartilage in your knee, and a post-accident examination showing only 5% normal cartilage, our attorneys can help recover that 35% loss even though injuries to your knee existed before the accident.

Recovering Damages for Your Pre-Existing Condition

In addition to the damages that result from injuries outside of the pre-existing condition, damages can also be pursued for any aggravation to the pre-existing condition that the accident caused. Treatment and medical visits to manage the pre-existing condition as a result of the accident can often be overlooked, meaning money paid for those costs may not be included in your compensation. It’s important to understand that California allows you to recover damages for the aggravation of pre-existing conditions.

Hiring a law firm with decades of experience can help maximize the compensation you recover. At Dunnion Law, we have practiced personal injury law exclusively since 1975 recently winning a multi-million dollar settlement for a client with a pre-existing condition. These kinds of damage awards and settlements are only possible with a law firm that fully understands California law related to pre-existing conditions. To discuss your accident and pre-existing conditions with our experienced personal injury attorneys, contact us today.

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