Can I Still Recover Compensation If I Have Pre Existing Injuries?
This is a very common scenario in motorcycle accident cases. Insurance companies routinely attempt to minimize payouts by pointing to prior injuries, arguing they aren’t solely responsible for the current damages. However, California law is very clear: you can absolutely recover compensation even with pre-existing conditions, but it requires a nuanced understanding of how to prove your case. The key is establishing the *aggravation* of your pre-existing injury caused by the recent accident.
Essentially, the insurance company isn’t allowed to simply deny your claim because you had a prior injury. They must prove that your current symptoms are solely attributable to the previous condition, not the motorcycle accident. This is often difficult for them to do, especially with a clear impact and documented new injuries. We focus on demonstrating how the accident worsened your pre-existing condition, creating new pain, limitations, and medical expenses.
I’ve been practicing personal injury law in San Diego for over 13 years, and I was fortunate enough to be trained by a former insurance defense attorney. This gives me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. They’re experts at finding loopholes and minimizing their liability, which is why having experienced counsel is so critical.
What evidence is needed to prove aggravation of a pre-existing condition?
Successfully proving aggravation requires a strong evidentiary foundation. The more documentation you have, the better. This includes your complete medical history, including records from before the accident, as well as all treatment records related to the recent injuries. It’s vital to clearly articulate to your doctors how the accident specifically impacted your pre-existing condition. A detailed medical report outlining the difference in your condition before and after the collision is invaluable.
We also look for evidence of a change in your daily life. This could include testimony from family and friends about your limitations, documentation of missed work, and evidence of any new activities you can no longer perform. The goal is to paint a clear picture of how the accident has negatively impacted your life, even considering your pre-existing condition.
Furthermore, obtaining expert testimony from medical professionals can be crucial. An independent medical examination (IME) can provide an unbiased assessment of your injuries and their connection to the accident. We carefully select experts who understand the complexities of pre-existing conditions and can effectively communicate their findings to a jury.
Can the insurance company reduce my compensation if I have a pre-existing condition?
Yes, the insurance company can attempt to reduce your compensation based on your pre-existing condition. California follows a ‘pure’ comparative fault system, meaning your damages will be reduced by the percentage of fault attributed to your pre-existing condition. For example, if your total damages are $100,000, and the insurance company successfully argues your pre-existing condition is 20% responsible, they will only be required to pay $80,000. Civ. Code § 1714
However, this doesn’t mean they automatically win. They must prove the extent to which your pre-existing condition contributed to your injuries. We aggressively challenge their assessments, presenting evidence to demonstrate the accident was the primary cause of your current pain and suffering. It’s important to remember that even with a pre-existing condition, you are still entitled to compensation for the new injuries and aggravation caused by the accident.
The insurance company will often try to use your past medical records against you, focusing on any prior complaints or treatments. We anticipate these tactics and prepare a strong defense, highlighting the differences between your pre-accident condition and your current state. A thorough understanding of your medical history and a strategic approach to presenting evidence are essential to maximizing your recovery.
What if the insurance company claims my injuries are entirely due to my pre-existing condition?
This is a common, but often unfounded, tactic. If the insurance company claims your injuries are entirely due to your pre-existing condition, they are essentially denying your claim. This is where experienced legal representation is crucial. We will thoroughly investigate the accident, gather all relevant evidence, and build a strong case to demonstrate the causal link between the collision and your injuries.
We will challenge their denial, requesting a detailed explanation of their reasoning and any supporting evidence. We will also conduct our own independent medical examination to obtain an unbiased assessment of your condition. If necessary, we will file a lawsuit and aggressively pursue your claim through litigation, presenting your case to a jury.
It’s important to remember that the burden of proof lies with the insurance company to demonstrate your injuries are solely attributable to your pre-existing condition. We will fight tirelessly to protect your rights and ensure you receive the compensation you deserve, even with a prior injury. We have a proven track record of success in San Diego, handling complex cases involving pre-existing conditions.
What role does my doctor play in proving my claim?
Your doctor plays a critical role in proving your claim. It’s essential to clearly communicate to your doctor how the accident has impacted your pre-existing condition. They should document your symptoms, limitations, and treatment plan in detail. A comprehensive medical report outlining the differences in your condition before and after the collision is invaluable.
We will work with your doctor to obtain all necessary medical records and ensure they are properly organized and presented. We may also request a deposition from your doctor to obtain their testimony regarding your injuries and their connection to the accident. It’s important to choose a doctor who understands the legal process and is willing to advocate for your health and well-being.
We understand that navigating the medical system can be overwhelming, especially after an accident. We will guide you through the process, ensuring your doctor provides the necessary documentation and support to strengthen your claim. We have strong relationships with medical professionals in San Diego who are experienced in providing expert testimony in personal injury cases.
How long do I have to file a claim if I have pre-existing injuries?
The statute of limitations for personal injury claims in California is generally **two years** from the date of the accident. CCP § 335.1 However, it’s crucial to act quickly, even within that timeframe. Evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim.
The presence of a pre-existing condition doesn’t change the statute of limitations, but it does make it more important to gather evidence and build your case as soon as possible. The insurance company will likely begin investigating the accident immediately, and you need to be prepared to respond to their inquiries. Delaying action can weaken your claim and potentially jeopardize your ability to recover compensation.
We recommend contacting an attorney as soon as possible after an accident, especially if you have pre-existing injuries. We can begin investigating the accident, gathering evidence, and building your case to ensure you meet the statute of limitations and maximize your chances of a successful recovery.
