Can They Deny My Claim Because of a Preexisting Condition?
No. California follows the eggshell plaintiff rule: the at-fault party takes you as they found you, and aggravation of a preexisting condition is itself compensable. A bad back that the crash made worse is a valid claim for the worsening — but it must be documented as an aggravation, not hidden.
Prior injuries? Don’t hide them — handle them. 24/7.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
What is the eggshell plaintiff rule?
California law is blunt: a defendant is liable for the harm actually caused even if the victim was unusually vulnerable. Juries are instructed not to reduce damages because a preexisting condition made the plaintiff more susceptible (CACI No. 3927–3928). Fragile isn’t a defense for the person who broke you.
Is the aggravation of an old injury really compensable?
Yes — the worsening is the claim. If your degenerative disc was manageable before the crash and needs injections after, the delta between those states is compensable. The medicine matters: your providers should document baseline versus post-crash condition, and imaging comparisons (an old MRI versus a new one) often make the case.
Should I disclose my medical history to my own lawyer?
Completely, immediately, every time. The single most damaging event in these cases is the insurer discovering a prior injury your side didn’t disclose — it converts a strong aggravation claim into a credibility problem. Insurers pull prior claims through industry databases and will subpoena records; assume everything is findable, because it is. Disclosed and framed, a prior condition is manageable; concealed, it’s fatal.
How do insurers use preexisting conditions against claimants?
The playbook: obtain broad medical authorizations, find any prior complaint of similar pain, and attribute everything to “degeneration, not the crash.” Two counters: don’t sign unlimited record releases for the other side’s insurer (they’re entitled to relevant records, not your life story), and treat with providers who document causation carefully. This is a fight about records — win the records.
Does age-related degeneration on my MRI ruin my case?
No — nearly every adult MRI shows degenerative findings, injured or not, and defense doctors know it. The question is symptoms: asymptomatic degeneration that becomes symptomatic after trauma is a classic, well-understood aggravation claim. What matters is honest before-and-after evidence: how you functioned before versus after. Family, coworkers, and your own consistent medical record tell that story.
Your history isn’t the problem. Hiding it would be.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
