Learn How Your Pre-Existing Condition Could Affect Your Settlement in a Car Accident Claim

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Learn How Your Pre-Existing Condition Could Affect Your Settlement in a Car Accident Claim

Learn How Your Pre-Existing Condition Could Affect Your Settlement in a Car Accident Claim

While your pre-existing conditions are now covered by your health insurance – by law – what does it mean if you have a pre-existing condition and are then injured in a car accident? Can the insurance company claim that your injury is 100% caused by that pre-existing condition and refuse your claim? Keep reading to get the answers and then contact a personal injury attorney for help by calling Law Offices of Fernando D. Vargas at 909-982-0707.

A Pre-Existing Condition Can Be Aggravated by an Accident

The fact of the matter is that you can have a pre-existing condition that is also part of an accident because the accident can aggravate said condition. This is actually very common but you want to handle the claim quickly. You can count on the insurance company putting up a fight – especially if you try to handle the situation without an attorney – and you need medical evidence of the aggravation to your pre-existing condition.

It is Not Wise to Conceal a Pre-Existing Condition

If you know that having a pre-existing condition could affect the settlement or jury award for your case, then you may think: Maybe I should not disclose it. This is not a smart idea. You can count on insurers determining that you have a pre-existing condition because they will be granted access to your medical records. If you are found to be lying about past injuries, the insurance company may find it easy to convince a judge or jury that you are lying about current injuries.

Be Honest About Your Pre-Existing Conditions

We strongly recommend that you are upfront and honest about your pre-existing conditions. When you unveil your full medical history, your attorney can fight for the compensation you should be paid. We will use this information to find the best way forward with your case. It is to your advantage to tell us – and the other side – the truth from the beginning so that we can create the strongest possible case for you.

Understanding the Eggshell-Plaintiff Rule

Also known as the old soldier’s rule and thin skull rule, this refers to victims who have previous injuries that are exacerbated by an accident. For example, a person with a previous head injury may suffer much more serious injuries if they experience whiplash, compared to a person with no history of head injuries.

However, the defendant is required by law to accept the victim as they are – including any pre-existing medication conditions. This can be a complicated situation and requires an experienced and passionate personal injury attorney. You have found just such a law firm in Law Offices of Fernando D. Vargas. Call us now to request your free legal consultation.


Law Offices of Fernando D. Vargas Located at
8647 Haven Avenue Suite 200, Rancho Cucamonga, CA.
Law Offices of Fernando D. Vargas Logo Phone: 909-982-0707