The Impact of Pre-Existing Conditions on Your Personal Injury Claim

Henderson Law - "The Impact of Pre-Existing Conditions on Your Personal Injury Claim"If you’ve been injured in an accident and you have a pre-existing medical condition, you may wonder how this affects your ability to seek compensation through a personal injury claim. At Henderson Law, we understand the complexities of these situations and are here to provide a guidance in navigating the legal process with compassion and expertise.

Understanding Your Personal Injury Claim with a Pre-Existing Condition

A pre-existing condition refers to any health issue or injury that you had before the accident or incident that caused your current injuries. These conditions can range from chronic illnesses to previous injuries that may have healed but left lasting effects. It is important to understand that in most cases, a pre-existing condition will not bar you from receiving the legal recovery you deserve for what you have been through. Regardless of whether you had an injury before your accident, the accident is the cause of your current pain or disability, and that is compensable. 

Legal Principles and Challenges

Filing a personal injury claim with a pre-existing condition involves several legal principles and challenges that can impact the outcome of your case. Working with an experienced injury attorney can be invaluable in building a strong case and advocating for your rights. Here are some of the key aspects to consider.


One of the primary legal principles is establishing causation, which means proving that the accident or incident directly caused or worsened your current injuries, separate from your pre-existing condition. This can be challenging because the at-fault party may argue that your current injuries were primarily caused by your pre-existing condition and not by the accident.


Eggshell Plaintiff Doctrine

wrist pain which may be a sign of pre-existing condition.The “eggshell plaintiff” doctrine is another important legal concept. It states that the at-fault party must take the victim as they find them, including any pre-existing conditions. In other words, even if your injuries are more severe or complicated due to a pre-existing condition, you still have the right to seek a pre-existing injury settlement for the damages caused by the accident.

Proving Damages

In personal injury claims, you must prove the damages you suffered as a result of the accident. When you have a pre-existing condition, it can be challenging to separate the damages caused by the accident from those related to your pre-existing condition. This requires thorough documentation and evidence to support your claim for aggravation of a pre-existing condition settlement.

Insurance Company Challenges

Insurance companies may try to minimize or deny your claim by arguing that your pre-existing condition contributed significantly to your injuries. They may also use your medical history to challenge the severity or necessity of the medical treatment you are seeking compensation for.

Statute of Limitations

It’s important to be aware of the statute of limitations for filing a personal injury claim. In California, for example, the statute of limitations for most personal injury claims is two years from the date of the injury. Failing to file within this timeframe can result in losing your right to file a personal injury claim with a pre-existing condition.

Strategies for Success

When dealing with a personal injury claim with a pre-existing condition, several strategies can significantly improve your chances of success. By working closely with an experienced personal injury attorney, you can navigate the complexities of a personal injury claim involving a pre-existing condition with confidence. Your attorney’s expertise, resources, and advocacy will significantly enhance your chances of achieving a successful outcome and obtaining the compensation you deserve for your injuries and damages.

Gather Comprehensive Medical Records

Collect detailed medical records that clearly document your pre-existing condition, its treatment history, and any changes or exacerbations caused by the accident or incident. Your attorney can help you gather and organize this evidence effectively.

Consult Medical Experts

Engage medical experts who can provide professional opinions on how the accident or incident impacted your pre-existing condition. Their testimony can strengthen your case by establishing a clear link between the event and your current injuries.

Differentiate Between Old and New Injuries

Work closely with your attorney to differentiate between the effects of your pre-existing condition and the new injuries or exacerbations caused by the accident. This distinction is crucial for proving causation and demonstrating the impact of the incident on your health.

Prepare Strong Legal Arguments

Your attorney will craft legal arguments based on relevant laws, precedents, and case facts to support your claim. They will also anticipate and counter-defense strategies aimed at minimizing your compensation due to pre-existing conditions.

Negotiate Skillfully

Experienced personal injury attorneys excel in negotiations with insurance companies and opposing parties. They know how to leverage evidence, expert testimony, and legal arguments to secure fair settlements that account for your pre-existing condition’s impact on your injuries and recovery.

Prepare for Litigation if Necessary

If negotiations don’t result in a satisfactory settlement, your attorney should be prepared to take your case to court. A skilled litigator will present a compelling case, advocate for your rights, and strive for a favorable outcome in court proceedings.

Benefits of Pursuing Compensation

It’s important to remember that having a pre-existing condition should not deter you from seeking the compensation you deserve. Compensation can cover medical expenses, lost wages, pain and suffering, and other damages that are necessary for your recovery and well-being.

Contact Henderson Law for Guidance

If you’re dealing with a personal injury claim with a pre-existing condition, don’t hesitate to reach out to Henderson Law. Our compassionate and knowledgeable team is here to listen to your story, provide expert legal advice, and advocate for your rights.

Contact us today to schedule a consultation. We’re here to help you navigate the legal process and achieve the compensation you deserve.