NO RECOVERY, NO FEE
(855) 339-8879
FREE CONSULTATION

Exacerbating a Prior Injury | Accident Lawsuit Information


Exacerbating a Prior Injury | Accident Lawsuit InformationA common question is whether you can recover from aggravated injuries after a car accident? What does this mean? It simply refers to your past injuries becoming worse, after your accident. Here is a basic example. Driver A was involved in a car accident in December 2011, which was paid for by the insurance companies. His injuries included back and neck injuries. After months of treatment he was able to make a full recovery. In April of 2012 Driver A was rear ended by Driver B. As a result of the April 2012 accident Driver A’s previous back condition was made worse. So the question is whether the at fault driver in the April 2012 accident is responsible for the aggravated injury. The simple answer is yes. Under California you are responsible for all injuries caused by the accident. This means that even if the driver had prior back injuries, which were made worse, they are able to recover. Proving those injuries is a different story. However, it is possible to recover for pre-existing conditions, which were made worse.

Egg-Shell Plaintiff Rule in Personal Injury Lawsuits

California law also permits the plaintiff to recover, even if they were highly sensitive. The law does not prejudice those who have certain conditions that make them sensitive to injury. For example, if the plaintiff has very brittle bones and fractures his/her spine during a rear end accident, recovery is permitted. Of course the insurance companies will fight this, but it is the law. In such cases, it is likely that you will need to litigate your claim for damages. So even if the plaintiff or a passenger has a condition, which makes them likely to suffer serious injury from a minor impact, the defendant will be liable. This is considered the egg-shell plaintiff rule.

Insurance Companies Viewpoint

Even though it is established law that recovery for such injuries is permitted, insurance companies will routinely deny a claim. Why? Remember, insurance companies are a business. This means they must generate a profit. Insurance companies also understand that not all attorneys are capable of taking on a case. And that most attorneys will settle  your case. This is not what you want. What you need is someone who will fight for  you. I know this expression is used all the time, but what does it mean? Fighting for your means, not settling until a fair value is given to your case. If a fair value is not assigned, then it is the responsibility of your attorney to file a lawsuit. Insurance companies will look at minor impact cases with skepticism and work tirelessly to deny you liability for damages. In-fact they have fought hard to lobby against soft tissue cases. Even though you can suffer serious injuries, unless you have an attorney willing to fight for your case, it will not such damages will not be considered compensable. Keep in mind that like any profitable corporation, insurance companies make money by denying your claim. This is the engine that drives their profitability and allows them to make considerable profits every year.

What Should You Do After Your Accident?

You should do a few things after your accident. These steps are important so take note.
  1. Get medical attention, no matter what. You are not able to self diagnose. In fact that is one of the worst things you can do.
  2. Make no statements. Insurance companies will contact you after an accident if you are not represented to get a statement. They know that injured parties will not look for an attorney for at least 72-hours after the accident. As a result they will use this window of opportunity to get a statement, which will be recorded and used against you to deny coverage.
  3. Speak with a personal injury attorney. It doesn’t matter whether it is our firm, or someone else. What matters is that you get proper legal representation.
While you should take many other steps, these are the most important after your accident. If you have been injured contact the Los Angeles Car Accident Law Firm the  Downtown L.A. Law Group for assistance. Our offices are here answer all of your questions. You will be able to speak with one of our attorneys immediately and get your questions answered. All consultations are free and absolutely confidential.

Over $350 Million Recovered
for Our Clients

Learn More

YOU Deserve the Best
Free Case Review 24/7
You Don’t Pay unless we win
Call 855.385.2529


  • This field is for validation purposes and should be left unchanged.

By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

ultimate guide uber lyft accidents

I had a previous attorney who failed me miserably. I reached to this Law group and it was the best decision I made. Very caring and understanding staff. Recommend this to law group to everyone.”

⋆⋆⋆⋆⋆

Lesley Portillo

Free Case Review 24/7
You Don’t Pay Unless You Win
Call 855.385.2529


  • This field is for validation purposes and should be left unchanged.
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

Address:

4113 Clinton Ave,
Los Angeles, CA 90004
855-339-8879
info@downtownlalaw.com

BAKERSFIELD OFFICE
2005, Eye Street, Suite 4
Bakersfield, CA 93301
661-219-7455

MODESTO OFFICE
3430 Tully Road
Modesto, California 95350

ORANGE COUNTY OFFICE
2372 Morse Ave.
Irvine, California 92614

SAN DIEGO OFFICE
01 West Broadway
San Diego, California 92101

VENTURA OFFICE
701 E Santa Clara St
Ventura, California 95816

INLAND EMPIRE OFFICE
7121 Magnolia Ave
Riverside, California 92504
909-340-3929

VICTORVILLE OFFICE
13782 Bear Valley Rd.
Victorville, California 92392

FRESNO OFFICE
5588 N Palm Ave
Fresno, California 93704

SAN FRANCISCO OFFICE
388 Market St #1300
San Francisco, California 94111

SACRAMENTO OFFICE
1601 Alhambra Blvd
Sacramento, California 95816

SAN FRANCISCO OFFICE
1 Sansome St. Suite 3500-11
San Francisco, California 94104
650-651-5006

 


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© All Rights Reserved
Follow us