What Happens If The Defense Argues My Injuries Were Pre Existing?
The assertion of pre-existing conditions is a common defense strategy employed by insurance companies in motorcycle accident cases. They aim to minimize their payout by arguing that your current injuries aren’t solely attributable to the collision. However, California law doesn’t automatically disqualify you from recovery simply because you had prior health issues. The key is establishing a clear connection between the accident and the *aggravation* or *exacerbation* of those conditions.
Successfully navigating this challenge requires a thorough understanding of medical records, expert testimony, and California’s comparative fault rules. It’s not enough to simply state that you had pain before the accident; we need to demonstrate how the impact worsened your existing symptoms and created new, distinct injuries. This often involves obtaining detailed reports from your treating physicians, imaging studies, and potentially hiring a medical expert to provide an independent assessment.
I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies attempt to devalue claims by focusing on pre-existing conditions. Having been trained by a former insurance defense attorney, I possess intimate knowledge of how these companies evaluate, devalue, and deny claims. I understand their tactics and how to effectively counter them. My goal is to ensure you receive the full and fair compensation you deserve, even with a complex medical history.
Can I still recover damages if I had a pre-existing condition?
Yes, absolutely. California law allows for recovery even with pre-existing conditions. The legal principle at play is the “eggshell plaintiff” rule. This means that the at-fault driver takes you as you are, with all your vulnerabilities. They are responsible for the full extent of your injuries, even if a pre-existing condition made you more susceptible to harm. The insurance company cannot argue that you shouldn’t recover because you were already somewhat injured.
However, you must prove that the accident *caused* a new injury or *aggravated* an existing one. This requires strong medical evidence linking the collision to your current symptoms. We’ll focus on demonstrating a clear change in your condition following the accident, such as increased pain levels, new limitations in your range of motion, or the need for additional medical treatment.
What evidence is needed to prove the accident aggravated my pre-existing condition?
Gathering compelling evidence is crucial. This includes your complete medical history, including records from before and after the accident. We’ll need detailed notes from your treating physicians outlining your pre-existing condition, the treatment you received, and your prognosis. Post-accident medical records are equally important, documenting the new injuries or worsening of existing symptoms. Imaging studies like MRIs and CT scans can provide objective evidence of the damage caused by the collision.
Furthermore, a medical expert’s testimony can be invaluable. An independent physician can review your records and provide an opinion on whether the accident caused or aggravated your condition. We’ll also look for any evidence of a change in your daily activities, such as the inability to work, participate in hobbies, or perform household tasks. Dashcam footage or witness statements can also help establish the severity of the impact and the immediate aftermath of the accident.
How does comparative fault apply to pre-existing conditions?
California operates under a ‘pure’ comparative fault system, meaning you can recover damages even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. If the insurance company successfully argues that your pre-existing condition contributed to your injuries, they may attempt to assign you a percentage of fault. For example, if they claim your pre-existing back pain accounted for 30% of your current symptoms, your settlement could be reduced by 30%.
It’s vital to challenge this assertion with strong evidence demonstrating that the accident was the primary cause of your injuries. We’ll carefully analyze your medical records, expert testimony, and the circumstances of the collision to minimize your percentage of fault and maximize your recovery. Remember, even with comparative fault, you are still entitled to compensation for the damages caused by the at-fault driver’s negligence. Civ. Code § 1714 outlines the rules for comparative negligence in California.
What if the insurance company requests a recorded statement about my medical history?
Insurance companies often request recorded statements to gather information about your past medical history. While you are not legally obligated to provide a statement, doing so can be risky. They may use your words against you to minimize their payout. It’s best to decline the request and have your attorney handle all communication with the insurance company. We can ensure that any information provided is accurate, complete, and presented in a way that protects your interests.
If you do choose to provide a statement, be prepared for probing questions about your pre-existing conditions. They may ask about prior injuries, treatments, and pain levels. It’s crucial to answer truthfully but avoid speculating or providing information that could be detrimental to your claim. Your attorney can prepare you for the statement and be present during the recording to ensure your rights are protected.
What is the deadline for filing a motorcycle accident claim in San Diego?
In California, you generally have **two years** 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. However, if the accident involved a government entity or roadway hazard, the deadline may be significantly shorter. CCP § 335.1 details the statute of limitations for personal injury claims.
Don’t delay seeking legal counsel. An attorney can investigate the accident, gather evidence, and file a claim within the required timeframe. Missing the deadline could result in the permanent loss of your right to recover compensation for your injuries.
