What if a Car Accident Aggravates an Old Back Injury in California?

Legally reviewed by Ashley Wittliff, Esq. - California Personal Injury Law Firm, APC

When a recent car accident aggravates an old back injury, you may wonder whether you still have a valid personal injury claim. In general, California law allows you to recover compensation when an accident worsens a pre-existing condition. However, these cases can be more complex and often require strong medical evidence. If you are dealing with a similar situation, reach out to an experienced Irvine car accident lawyer for more information and legal advice.

What is a Pre-Existing Condition?

A pre-existing condition refers to any injury, illness, or physical condition that an individual had before the car accident occurred. It does not necessarily mean the condition was currently causing problems; it simply existed in the individual’s medical history before the new trauma occurred.

Common examples relevant to car accident claims include:

• Degenerative Disc Disease (DDD): A common, often asymptomatic, age-related condition affecting the spine.
• Prior back or neck injuries: Old sprains, strains, herniated discs, or surgeries from previous accidents, sports injuries, or work-related incidents.
• Arthritis: Pre-existing osteoarthritis or rheumatoid arthritis that can be exacerbated by impact.
• Fractures or joint issues: Old, healed injuries that become symptomatic or re-injured due to the new accident force.

Understanding this definition is important because the claim needs to focus on the aggravation of this prior condition caused by the at-fault party’s negligence, not the condition itself.

What if a Car Accident Aggravates an Old Back Injury in California?

When a car accident aggravates an old back injury in California, the law may still allow the injured party to seek compensation under the “eggshell plaintiff” rule. The eggshell plaintiff rule states that a negligent party must take their victim as they find them, including any pre-existing medical conditions. Essentially, the defendant cannot argue that they should pay less because a healthier person would not have been injured as severely.

However, the plaintiff is only entitled to compensation for the aggravation of the pre-existing injury, meaning the extent to which the new accident worsened the old back condition or made it symptomatic. They cannot recover damages for the pain, treatment, or limitations that existed before the accident.

To successfully pursue this type of claim, strong medical evidence is crucial. Typically, this involves testimony from treating physicians who can compare medical records from before the accident to those taken afterward. The expert medical opinion must clearly establish the causal link between the defendant’s negligence and the quantifiable increase in pain, impairment, or the need for further medical intervention.

Can Insurance Companies Deny My Claim Because of a Pre-Existing Injury?

Insurance companies often try to deny or minimize claims involving pre-existing injuries, arguing that the accident was not the cause of the current pain. However, they generally cannot deny a claim solely because a condition existed beforehand if there is evidence that the accident worsened it. Under the “eggshell plaintiff” rule, you are entitled to compensation for the aggravation of the injury. Success depends on providing strong medical evidence linking the accident to the worsening of your back condition.

For more information and legal counsel, reach out to an experienced attorney at California Personal Injury Law Firm, APC, today.