Compensation When an Accident Makes an Existing Injury Worse
Imagine this scenario. You hurt your back at work years ago and have sought treatment from doctors and chiropractors. Now, you get into a car accident, and your back is worse than ever. What will this mean for your settlement? Is it going to be less because you had a preexisting condition?
That shouldn’t be the case, especially if the injury occurs in California. Here is a trick that insurance companies or lawyers try to pull along with the regulations that California has put in place to block it.
The “Eggshell Plaintiff” Approach
Eggshells are fragile and break easily. If you have a preexisting condition, the defense may claim you are an eggshell plaintiff. In other words, they argue your preexisting condition could be the real reason you got hurt or that you are just more prone to injury than others. Here’s an example.
Let’s say that you injured your neck skiing a few years ago. Now, you get whiplash in a car accident. The insurance company offers a lowball settlement claiming that you were already injured or that maybe you injure easily and that’s why your neck has been hurt multiple times.
California doesn’t allow this type of reasoning and has demonstrated this in previous rulings. Thus, a personal injury attorney can go to bat for you and remind the insurance company they can’t make claims based on preexisting conditions or the idea that certain people are just more susceptible to injury.
The San Diego Personal Injury Attorneys for You
Petrov Law Firm has the experience to help you maximize settlements or win your case in court if need be. Contact us today at 619.344.0360 to get your case started right away.