If you were in a car accident in San Diego, CA, you may be entitled to compensation for your injuries even if you had pre-existing conditions at the time of the accident. Our car accident attorneys in San Diego are experienced in fighting back against insurance companies that will seek to minimize the severity of your injuries so they don’t have to pay your claim.
Contact us at Mission Personal Injury Lawyers, to speak with an experienced car accident lawyer regarding your case. Your first consultation is absolutely free, so don’t hesitate to contact us at (619) 777-5555 to learn more about how we can help.
Table of Contents
How Our Personal Injury Lawyers Can Help You After a Car Accident in San Diego
Car accident cases involving pre-existing conditions can be tricky. The insurance companies will do everything they can to deny or minimize your claim due to your pre-existing condition. At our personal injury law firm, we know all the tricks of the insurance trade, and we know how to deal with them.
With over 40 years of combined experience, our award-winning car accident attorneys have won millions of dollars for our injured clients. As a family-owned firm, we treat our clients like family—and we will fight for you just as we would our own family.
We won’t let insurance companies take advantage of you. You can trust us with your case, knowing we’ll do everything to get you the financial award you deserve for your suffering.
As part of our commitment to our clients, here are just a few of the services you can expect us to deliver:
- Go over your case with you to understand how the accident happened
- Take the time to understand your injuries and pre-existing conditions
- Collect evidence from the accident site, including photos and police records
- Track down witnesses to get statements
- Work with experts such as accident reconstructionists and medical professionals
- Negotiate with the insurance companies to settle your claim
If the insurance companies play hardball, we’re not afraid to take your case to court and fight for you. Don’t waste your time haggling with insurance companies. Let us take care of the legal issues while you concentrate on getting better.
What Are Pre-Existing Conditions?
A pre-existing condition is any physical or mental health condition you had prior to the accident. According to the Department of Health and Human Services, nearly 130 million Americans have what are considered pre-existing conditions for insurance purposes.
You should always disclose any pre-existing conditions. Failure to do so could result in a decrease in compensation, dismissal of your claim, or even a criminal charge.
Insurance companies may try to use your pre-existing condition in two possible ways:
- Claim that your accident-related injuries actually existed prior to the accident and are due to your pre-existing condition. For example, they might claim that any respiratory damage from the accident is actually due to a pre-existing condition like asthma.
- Claim that your accident-related injuries would not have happened but for your pre-existing condition. For example, they may deny your claim for a previously broken bone that had not fully healed and was fractured in the accident.
Many people who are in car accidents have some kind of pre-existing condition. Insurance companies should not be allowed to take advantage of that statistic and deny claims. While you cannot receive compensation for the pre-existing condition itself, you can certainly argue that the accident worsened that condition.
Examples of pre-existing conditions in a car accident case include:
- Degenerative disc disease
- Prior concussion or brain injury
- Herniated or bulging disc
- Spinal stenosis
- Nerve disorders
- Damaged back
- Injured internal organs
- Eye injuries
Insurance companies will try to undermine your credibility and discredit your claim by arguing that any injuries you do have were not the result of the accident. This is why having an experienced car accident lawyer in your corner can make all the difference.
We will work hard to prove that your injuries were from the car accident and unrelated to your pre-existing condition or that a pre-existing condition was exacerbated by the accident.
The California “Egg Shell Rule”
The “Eggshell Rule” is a legal concept in most states, including California, that basically means injured victims must be taken as they are despite any prior condition. In other words, if a victim has a thin skull (eggshell) and is injured by a blow that wouldn’t have hurt someone with a thicker skull, the perpetrator can still be held liable because “you take victims as you find them.”
For purposes of car accident cases, the eggshell rule applies to previous conditions you may have had that have now been aggravated by the accident. You should be compensated for damages related to treatment or procedures you’ll now have to undergo because of the accident.
Can I Claim Damages For Pre-Existing Conditions After a Car Crash in San Diego?
As noted above, you cannot claim damages for the pre-existing condition itself because it was not caused by the accident. However, you can be compensated if the condition has been made worse due to the accident.
Our knowledgeable legal team will pursue all possible compensation for both economic and non-economic damages.
Economic damages are financial damages related to the accident. These could include:
- Past and future medical expenses
- Lost wages
- Vehicle repair/replacement
- Physical therapy
- Lost earning capacity
- Medical devices
- Home remodification
Non-economic damages are those that are difficult to quantify in monetary amounts. These could include:
You can rest assured our personal injury team will leave no stone unturned in identifying possible sources of compensation.
Contact a San Diego Car Accident Law Firm To Determine if You Can Be Compensated For Pre-Existing Conditions
If you’ve been injured in a motor vehicle accident and suffer from a pre-existing condition, having the right law firm by your side can have a significant impact on the outcome of your case. Our San Diego auto accident attorneys at Mission Personal Injury Lawyers are ready to advocate for you.
Don’t hesitate to give us a call today to schedule a free consultation with our compassionate legal team. The sooner you get started on your case, the sooner you can get the financial and emotional help you need for a full recovery.