Car accidents are often sudden and unexpected, leaving the parties involved shaken up emotionally and physically. The aftermath of a car accident can cause plenty of damage, including injuries that can affect a person’s everyday life for years. If you have a pre-existing condition that is worsened or aggravated by a car accident, you may be wondering whether you can file a personal injury claim in California.
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Pre-Existing Conditions and Personal Injury
In personal injury cases, the term "pre-existing condition" refers to a health issue, injury, or medical condition that existed before a car accident or any other incident that caused the injury. If your personal injury lawsuit involves a pre-existing condition, the defendant may try to argue that your current injury is not related to the accident and therefore, the accident did not cause the current medical problems.
How Pre-Existing Conditions Affect Personal Injury Claims in California
In California, the law allows you to file a personal injury claim despite any pre-existing medical conditions. You may be eligible for compensation for the aggravation of your pre-existing medical condition or the worsening of your symptoms following an accident caused by the negligence of another person.
The key to success in such a case is to prove that the accident directly caused the aggravation or worsening of your pre-existing condition. You may need to demonstrate how the accident caused the injury that caused the exacerbation of the pre-existing medical condition.
Proving the Connection between Your Pre-existing Condition and the Accident
Proving that the accident caused your injury and the exacerbation of your pre-existing condition can be challenging. You need to provide evidence to illustrate that the accident caused or triggered a physical or structural change that led to the worsening of your pre-existing medical condition.
To establish that the accident caused or aggravated your pre-existing medical condition, you should provide all of the medical history relevant to your injury and the pre-existing medical condition. This may include:
- Medical records documenting your pre-existing condition before the accident
- Medical records documenting your treatment after the accident
- Medical bills for treatment of the injury and aggravation of your pre-existing medical condition
- Testimony from your doctor that the accident caused the aggravation to your pre-existing condition
Steps to Take After a Car Accident
If you have a pre-existing medical condition and you get into a car accident, there are specific steps you must follow to protect your health and legal rights.
- Seek Medical Attention Immediately
The first step after a car accident is to ensure that you are well taken care of physically. Even if you think you are all right or that your pre-existing medical condition is well managed, make sure you see a doctor immediately and follow any necessary treatment.
- Gather Evidence
As soon as possible after the car accident, collect all evidence that can help you prove your case, including license plate numbers of the other cars involved, any eyewitness accounts, and photographs of the area of the accident and any visible damage.
- Get in Touch with an Attorney
Speak to an attorney who has experience in personal injury cases, including pre-existing medical conditions. Your attorney will guide you through the process of filing your claim, negotiating with insurance companies, and representing you in court, if necessary.
Conclusion
In conclusion, if you have a pre-existing medical condition that worsens or is aggravated because of a car accident caused by someone else’s negligence, you may be eligible for compensation. However, you will need to demonstrate a direct link between the accident and the exacerbation of your pre-existing condition.
To better protect yourself, follow the measures outlined in this article and consult with a personal injury lawyer in California who can help you navigate the legal process and fight for your compensation.