San Bernadino is one of the largest counties in the US and is famous for its beautiful landscapes. If you have been injured in an accident in San Bernardino County and are thinking about filing a claim, you may be worried that your past health issues may affect the case. This makes many victims hesitate to pursue compensation. The truth is, having a pre-existing condition doesn’t automatically prevent you from getting a settlement.
What Is a Pre-Existing Condition?
A pre-existing condition is any health issue you had before an accident. This can be something like an old back injury, arthritis, or a chronic illness, for instance, diabetes. Even though these conditions should not be a reason to give up your claim, they can make the legal process more complex. A San Bernardino personal injury lawyer can help you build your case and prove that the accident made your injuries worse.
How Can a Pre-Existing Condition Affect Your Claim?
Insurance companies often use pre-existing conditions as a reason to deny or reduce your claim. They may argue that your pain, or let’s say limited mobility, is not because of the accident, but something you were already dealing with. For example, an insurance company can argue that your wound is taking longer to heal because of diabetes.
However, some states, like California, recognize a law called the “eggshell plaintiff” rule. This means that if someone causes you harm, they are responsible for the full extent of the damage, even if you were more vulnerable because of a prior condition. In simple words, just because you were already injured or ill does not mean the at-fault party gets off the hook if they made things worse.
How Can You Prove Your Case?
Here are some ways you can prove your injuries:
Medical Records
The key to a strong personal injury claim when you have a pre-existing condition is documentation. Your medical records will play a big role in showing the difference between your old health issues and the new injuries caused by the accident.
Aggravation
Doctors and expert witnesses can also help explain how your condition became worse. This is often called aggravation of a pre-existing condition. For instance, if you were already dealing with severe neck pain before the accident, and now you have constant pain and discomfort, this change should be clearly noted.
Proving aggravation required noting changes in symptoms and incorporating new treatments, which leads to higher medical costs.
Avoiding Gaps in Your Story
Additionally, being honest about your medical history is crucial. Trying to hide a past injury can only make you less credible and damage your entire claim. Any inconsistencies in your story can give insurance companies grounds to argue that you were not serious. A personal injury attorney can help you collect the right evidence and fight back against the insurance company.
Conclusion
Dealing with a personal injury and following up with a claim is stressful enough without being forced to justify your pre-existing condition. However, victims must remember they have rights and deserve compensation for the increased suffering.
