Understanding How Preexisting Conditions Impact Truck Accident Claims
Just because you had a preexisting condition before an accident doesn’t mean you should give up hope for legal damages. Even if your condition or injury pre-dates a truck accident, you can still seek compensation if the condition is worsened by the crash. Our Orange County truck accident lawyers at Case Barnett Law can help you navigate the complexities of a case involving preexisting conditions and fight for your rights.
Common Types of Preexisting Medical Conditions or Injuries Made Worse by Accidents
The impact of a crash can make some preexisting health conditions or previous injuries worse, especially for conditions particularly prone to exacerbation. Such conditions include:
- Concussions and traumatic brain injuries (TBIs). Multiple concussions and TBIs can have a cumulative effect, potentially leading to life-altering brain damage.
- Brittle bones. If you have a bone condition like osteoporosis, your risk for bone breaks and fractures is significantly higher. You’re also more vulnerable to damage to the organs protected by bones, which could lead to internal or spinal cord injuries.
- Fibromyalgia. This potentially debilitating disease causes pain throughout the body. Its causes still aren’t always clear, but there are documented instances of fibromyalgia being triggered or worsened by car accidents.
- Degenerative conditions. This includes conditions like arthritis or degenerative disc disease. The force of the crash can aggravate the condition and cause worse symptoms and chronic pain.
- Previously broken bones. If a previously broken bone is fractured or broken in a crash, your injury may require surgery and extended rehabilitation.
California’s “Eggshell” Legal Doctrine
In California, personal injury plaintiffs have protections under the “Eggshell Plaintiff” rule, also sometimes called the talem qualem rule or the thin skull rule. This means that even if the extent of someone’s injuries is due to their preexisting condition, and those injuries could not have been predicted, the person who injured them is still held responsible.
If the plaintiff’s preexisting condition led to worse injuries than a healthy person would have suffered in a similar accident, the defendant is still held liable, even if they didn’t know about the condition or risks beforehand.
Establishing Aggravation of Preexisting Conditions or Injuries After a Truck Accident
The limitation of the Eggshell doctrine is that plaintiffs must still prove causation. To do this, you’ll need medical records from both before and after the accident to establish how the severity of your condition changed and the fact that those changes are directly related to the accident.
You’ll need to undergo diagnostic tests that can be compared to your pre-crash medical records, and your doctor may be able to provide notes to help establish a change in your condition.
You must also prove that the other driver’s negligence or recklessness caused the accident. Types of evidence to prove fault include police reports, surveillance videos, and eyewitness accounts.
Possible Compensation You May Receive as a Result of an Aggravated Preexisting Condition
If you can establish causation and the defendant’s liability for the accident, you may receive compensation for economic and potentially non-economic damages.
Economic damages include:
- Medical expenses
- Future (anticipated) medical expenses
- Property damage
- Lost wages
- Lost future earnings
Non-economic damages include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
These awards can help you cover the financial and emotional losses you’ve suffered as a result of the accident so you can avoid debilitating medical debt and focus on your health and well-being.
What to Do if You Have a Preexisting Condition and You’ve Been in a Truck Accident
The most important step after an accident, especially if you have a preexisting condition, is to seek medical attention. This is crucial both to care for your physical well-being and to establish a record that could link the worsening of your symptoms to the crash.
Following immediate medical care, it’s important to follow your doctor’s treatment plan to provide a clear trajectory of your symptoms and strengthen the timeline tying your worsened condition to the accident.
If you file a claim and your case goes to court, medical professionals will continue to play an important role. Your lawyer may call on medical expert witnesses to provide professional opinions to strengthen your case.
Aside from seeking medical care, you should also call 911 at the scene, request a police report, get contact information from witnesses, and gather contact and insurance information from the other driver. In California, you must also submit an SR-1 form and send it to the DMV within 10 days of the incident.
How a Personal Injury Attorney Can Help You
At Case Barnett Law, our goal is to protect your rights and get you the compensation you need to cover medical bills and get back to normal life. We have a proven track record of getting compensation for clients hit by big rigs; we’ll bring that expertise to your case and help you navigate the ins and outs of an often confusing process. We know that timing is everything, so we’ll act fast to help you establish causality and gather medical records, allowing you to rest easy while we handle your case.