Can I Still Recover Damages If I Had Prior Back Problems?
This scenario is far too common. Insurance companies routinely dig into the medical history of injured motorcyclists, hoping to find pre-existing conditions to minimize or deny their claims. They’ll argue that your current injuries aren’t solely the result of the accident, but rather an aggravation of a prior issue. However, having a pre-existing condition does not automatically disqualify you from recovering compensation. California law allows for recovery even with prior injuries, but it requires a nuanced understanding of how to prove your case.
The key is establishing the *difference* between your pre-accident condition and your current state. Simply put, the accident must have made your existing condition *worse*. This is often achieved through detailed medical records, expert testimony, and a clear timeline of your symptoms before and after the collision. We focus on demonstrating how the accident caused a new injury, a significant worsening of your pre-existing condition, or a re-injury of a previously healed problem. The defense will attempt to portray your current pain as solely attributable to your past, but a skilled attorney can effectively counter that narrative.
As a personal injury attorney practicing in San Diego for over 13 years, I’ve seen countless cases where insurance companies attempt to exploit pre-existing conditions. I was trained by a former insurance defense attorney, giving me intimate knowledge of how these companies evaluate, devalue, and deny claims. This inside perspective allows me to anticipate their tactics and build a stronger case on your behalf.
Will my pre-existing back problems prevent me from getting a fair settlement?
Not necessarily. California law recognizes that people rarely sustain injuries in a vacuum. You can absolutely recover damages even if you had prior back problems. The insurance company will likely argue that your current pain is simply a continuation of your pre-existing condition, not a result of the accident. However, you are entitled to compensation for the *aggravation* of your condition caused by the collision. This means proving that the accident made your back pain significantly worse, requiring additional medical treatment or causing a longer recovery period.
We accomplish this through a thorough review of your medical records, comparing your condition before and after the accident. Expert testimony from medical professionals is often crucial in establishing this link. It’s important to document all symptoms, treatments, and limitations resulting from the accident, even if they seem minor. The more evidence we have, the stronger your case will be.
How does California law view pre-existing conditions in motorcycle accident claims?
California follows the principle of the “eggshell plaintiff.” This legal doctrine states that you are responsible for the full extent of the injuries you cause, even if the injured person had a pre-existing condition that made them more susceptible to harm. In other words, the insurance company can’t argue that your injuries would have been less severe if you hadn’t had prior back problems. They still have to compensate you for the full extent of the damages caused by their negligence. This is often a complex legal argument, requiring a skilled attorney to navigate the nuances of the law.
What kind of evidence do I need to prove my case with a pre-existing condition?
Gathering comprehensive evidence is critical. This includes:
- Medical Records: All records related to your prior back problems, as well as those documenting your treatment after the accident.
- Doctor Testimony: Statements from your doctors explaining your condition before and after the accident, and the impact of the collision.
- Pain Journals: Detailed records of your pain levels, limitations, and daily activities.
- Witness Statements: Testimony from friends, family, or coworkers who can attest to your condition before and after the accident.
What if the insurance company claims my back pain is unrelated to the accident?
Insurance companies frequently dispute the connection between an accident and a pre-existing condition. They may hire their own medical experts to argue that your current pain is solely attributable to your past. We counter this by thoroughly preparing your case, challenging their expert’s opinions, and presenting compelling evidence to support your claim. This may involve depositions, independent medical examinations, and a detailed analysis of your medical history. It’s crucial to have an attorney who understands these tactics and can effectively advocate for your rights.
How long do I have to file a lawsuit if I have a pre-existing condition?
California law provides a two-year window from the date of the motorcycle accident to file a lawsuit for personal injury. Because 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. Even with a pre-existing condition, the statute of limitations remains the same. Waiting too long can jeopardize your ability to recover compensation. It’s best to consult with an attorney as soon as possible to understand your rights and options.
What if the other driver was uninsured?
If the at-fault driver lacks insurance, you may be able to pursue a claim under your own Uninsured Motorist (UM) coverage. Ins. Code § 11580.2 requires insurers to offer this coverage. Even with a pre-existing condition, you can still recover damages up to the limits of your UM policy. It’s important to review your policy and consult with an attorney to determine your eligibility.
What if I was partially at fault for the accident?
California’s ‘pure’ comparative fault system applies to motorcycle claims. Civ. Code § 1714 means that even if you shared responsibility due to speed or positioning, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. The insurance company will likely attempt to argue that your own negligence contributed to the accident, even if you had a pre-existing condition. We will thoroughly investigate the accident to determine the extent of your fault and protect your rights.
What if I was taking pain medication for my back before the accident?
Taking pain medication for a pre-existing condition doesn’t automatically disqualify you from recovering damages. However, the insurance company may argue that your current pain is simply a result of your medication. We will counter this by demonstrating that the accident caused a new injury or a significant worsening of your condition, independent of your medication. It’s important to be honest and upfront with your attorney about your medical history and medication use.
What should I do if the insurance adjuster asks for my medical records?
Do not release your medical records to the insurance company without first consulting with an attorney. They may use this information to find pre-existing conditions and minimize your claim. We can review your records and release them strategically, protecting your rights and ensuring that the insurance company doesn’t have access to information that could harm your case. It’s best to let an experienced attorney handle all communication with the insurance company.
