How Preexisting Conditions Affect a California Personal Injury Claim

Many people involved in accidents already have a medical history. A prior back injury, degenerative finding, previous surgery, chronic pain, or earlier accident does not automatically prevent recovery.

California recognizes aggravation of preexisting conditions

A plaintiff is not entitled to damages for a condition that already existed before the defendant’s conduct. But when wrongful conduct makes a preexisting physical or emotional condition worse, damages may be awarded for the resulting aggravation.

Establish the pre-accident baseline

Medical records from before the incident can help determine the prior diagnosis, frequency of symptoms, prior treatment, functional status, earlier imaging, and whether the condition was stable or symptomatic. A credible claim acknowledges relevant prior history.

Compare the post-accident condition

Evidence may show new symptoms, increased frequency or severity, new objective findings, new treatment, different restrictions, surgery or procedures not previously recommended, or a change in the ability to work or perform ordinary activities.

Prior imaging can sometimes help rather than hurt

Earlier MRI, CT, or X-ray studies can provide a comparison point. A prior condition does not answer whether the collision caused a new injury or worsened the condition.

Accuracy with medical providers is important

Do not conceal significant prior injuries or treatment. Inaccurate histories can damage credibility and make medical causation more difficult to evaluate.

Glendale Law Group handles personal-injury claims involving prior injuries and medical conditions throughout Southern California. Call (818) 745-0101 for a free consultation.

This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and rights depend on the facts, applicable law, and insurance policy language.