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
- 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.