How a Pre-Existing Medical Condition Can Affect Your Personal Injury Case

Upon treating an auto accident victim, a doctor can sometimes discover a pre-existing medical condition. The diagnosis of this can be surprising for the accident victim, especially if the medical condition showed no symptoms. A skilled personal injury attorney will have experience in representing clients who were unaware of a pre-existing condition until the condition was worsened by the auto accident.

An auto accident victim who has discovered that he or she has a pre-existing condition will need to understand that this condition will have an impact in a personal injury claim. In the State of California, Ng v. Hudson (1977) explains how a pre-existing condition should be addressed

in a personal injury lawsuit. According to the case, a victim could obtain financial restitution for his or her injuries to the extent that the condition was worsened because of the defendant’s actions.

A pre-existing medical condition can make an auto accident claim more complicated, but the complexity of the case should not deter a victim from pursuing compensation for the injuries he or she obtained as a result of the accident. A well-versed auto accident attorney can establish the extent the auto accident worsened the medical condition the victim had prior to the accident. A successful claim can result in the victim receiving a full compensation.

Possible Pre-Existing Medical Conditions That Could Affect a Personal Injury Claim

Any condition that existed prior to the auto accident is considered a pre-existing medical condition, even if the condition is asymptomatic. Common examples of pre-existing conditions could include: Lumbar spinal stenosis, Osteoporosis, Cervical osteoarthritis, Cervical degenerative disc disease, Degenerative disc disease.

These conditions are all degenerative and they impact a person’s back and neck, although pre-existing medical conditions can impact any part of a person’s body. Many of these conditions may not cause pain unless they have been somehow affected.

Filing Personal Injury Claims When There is a Pre-Existing Medical Condition

A diagnosis of a pre-existing medical condition can complicate a personal injury claim. Laws established by the State of California do not allow a person to recover financial restitution for any emotional or physical problems that existed prior to the accident. A defendant will not need to pay for an issue that already existed and already had a history of affecting the accident victim.

Auto accident victims should, however, be paid for any losses that could be traced back to the incident. This is true even if the auto accident victim was more susceptible to an injury because of a pre-existing medical condition.

Seek the Expertise of an Experienced Auto Accident Attorney

If you have suffered an auto accident and your doctor determined that you had a pre-existing medical condition, you should not allow the diagnosis deter you from filing an auto accident claim. As an injured victim, you have the legal right to file a claim in effort of seeking restitution for your losses. A proficient attorney who has experience in auto accident claims can help you file a lawsuit.

Attorney Justin H. King is specialized in personal injury claims involving auto accidents. He is dedicated to helping victims of negligence obtain restitution after suffering an auto accident. California imposed laws demand that auto accident victims file a personal injury claim promptly; for optimal results, consult a knowledgeable personal injury attorney.

Categories : Insurance Companies, Medical Treatment, Personal Injury Misc.

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By Justin H. King, Esq. | Posted on April 2, 2019

17:05 25 Oct 24

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

18:30 04 Sep 24

The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !

Hate Nine

06:01 04 Sep 24

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

01:00 15 Aug 24

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

21:53 29 Jul 24

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

18:26 13 Jul 24

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.