Many people worry that having a pre-existing injury means they can’t recover damages after an accident. The truth is different. In California, pre-existing injuries don’t automatically disqualify you from a personal injury claim. In fact, the law protects your right to recover even if you had a health condition before the accident happened.
This guide explains how pre-existing injuries work in personal injury cases, what the law says about your rights, and how DJA Injury Attorneys helps clients recover full compensation. Understanding these rules can make a real difference in your case.
Why Choose DJA Injury Attorneys for Your Pre-Existing Injury Claim
Handling pre-existing injury claims requires knowledge and experience. DJA Injury Attorneys brings both to every case.
Our founder and principal attorney, Jeff Schwalbach, has 10 years of experience in personal injury law. Before representing injured people, Jeff worked as an insurance defense attorney. This background gives him insider knowledge of how insurance companies evaluate claims and what tactics they use to minimize payouts. He understands their strategies and knows how to counter them effectively.
Jeff’s experience and skill have earned recognition. He has been named a Super Lawyers Rising Star for 2019-2021 and 2023-2025, an honor given to only the top 2.5% of attorneys in California. You can verify his credentials on his Super Lawyers profile and AVVO profile. His case results speak for themselves. In one case, Jeff represented a military veteran whose pre-existing back condition was aggravated by an accident. Despite medical expenses under $55,000 and the client delaying surgery, Jeff secured a $600,000 settlement just 10 days before trial. This case shows how DJA Injury Attorneys handles pre-existing injury claims.
DJA Injury Attorneys offers free consultations and works on a contingency fee basis, meaning you pay nothing unless we win your case. We are available 24/7 to answer your questions and provide the personal attention your case deserves. When you work with DJA Injury Attorneys, you work directly with the principal attorney, not an associate or paralegal. View our case results to see how we’ve helped clients recover full compensation.
Understanding Pre-Existing Injuries in California Personal Injury Law
A pre-existing injury or condition is any health problem you had before the accident that caused your personal injury claim. This might include arthritis, a herniated disc, previous fractures, chronic back pain, or even mental health conditions like depression or anxiety.
It’s important to understand the difference between a pre-existing condition and a new injury caused by the accident. A pre-existing condition is something you already had. A new injury is damage that happens because of the accident. Sometimes an accident makes a pre-existing condition worse. This is called aggravation, and it’s different from a brand-new injury. California courts recognize this distinction and allow recovery for aggravation of pre-existing conditions as a valid claim.
California law has a clear rule: the at-fault party must take you as they find you. This means if you were more vulnerable to injury because of a pre-existing condition, the person who caused the accident is still responsible for all the harm they caused. Your pre-existing condition doesn’t give them an excuse to avoid paying damages. This principle is codified in California’s comparative negligence laws and protects injured victims across all personal injury cases.
The Eggshell Plaintiff Rule: Your Legal Protection
The eggshell plaintiff rule is one of the most important protections in California personal injury law. The name comes from a simple idea: imagine someone with a skull as fragile as an eggshell. If someone hits them, they suffer severe injuries even from a minor impact. The person who caused the harm is still fully responsible, even though a healthier person might have suffered less damage.
This rule protects people with pre-existing conditions. If an accident aggravates your condition, you can recover damages for that aggravation. The defendant cannot argue that you were already injured and therefore deserve less compensation. The law says they must pay for the full extent of the harm they caused, even if you were more vulnerable than the average person. According to California’s Judicial Council Jury Instructions (CACI 3927), courts must instruct juries that defendants take victims as they find them.
Here’s how it works in practice: Suppose you had a bad back before an accident. A car crash aggravates your condition and causes new pain and medical treatment. The at-fault driver cannot say, “You already had back problems, so I only owe you a little bit.” Instead, they owe you for the aggravation they caused, even though your back was already injured. This principle applies to all types of accidents, including truck accidents, motorcycle accidents, and pedestrian accidents.
How Pre-Existing Injuries Impact Damages and Compensation
Understanding what you can and cannot recover matters when you have a pre-existing condition. The key distinction is between the pre-existing condition itself and the aggravation caused by the accident.
You cannot recover damages for treatment of your pre-existing condition that was not affected by the accident. For example, if you had arthritis before the accident and the accident did not make it worse, you cannot claim damages for arthritis treatment.
However, you can recover damages for the aggravation. If the accident made your arthritis worse, you can recover for the additional medical treatment, increased pain, and other harm caused by that aggravation. You can also recover for new injuries caused by the accident, even if you had pre-existing conditions. Learn more about how personal injury compensation is calculated in California.
Recoverable damages in pre-existing injury cases include:
- Medical expenses for treating the aggravation
- Lost wages if you missed work due to the aggravation
- Future medical treatment is needed because of the aggravation
- Pain and suffering from the aggravation
- Other economic losses directly caused by the accident
Medical evidence proves the connection between the accident and the aggravation. Your doctor’s records before and after the accident, medical opinions about how the accident affected your condition, and testimony from medical experts all help establish this link. Under California Evidence Code § 1271, expert medical testimony is admissible to establish causation between the accident and your injuries.
Why Disclosure of Pre-Existing Conditions Matters
You have a legal obligation to disclose pre-existing conditions to your attorney and, eventually, to the insurance company. This might seem risky, but it’s actually the right strategy. Hiding a pre-existing condition can seriously harm your case.
Insurance companies investigate claims thoroughly. They will find out about your pre-existing conditions anyway through medical records, prior treatment history, and other sources. If you don’t disclose them upfront, the insurance company may argue that you were dishonest or hiding something. This can damage your credibility and weaken your entire case.
Disclosure handled properly actually strengthens your case. When DJA Injury Attorneys represents you, we disclose pre-existing conditions strategically. We explain how the accident aggravated your condition and caused additional harm. We present medical evidence showing the connection. This approach is honest, legally sound, and persuasive. Understanding the statute of limitations for a personal injury case in California is also critical when managing your claim timeline.
Failing to disclose pre-existing conditions can have serious consequences. Insurance companies may deny your claim or argue fraud. Courts may reduce your damages or dismiss your case. The best approach is always to be transparent from the start and let your attorney handle the presentation of your case. This is why choosing the right personal injury lawyer matters so much.
Frequently Asked Questions About Pre-Existing Injuries and Personal Injury Claims
Can I still file a personal injury claim if I had a pre-existing injury?
Yes. California law protects your right to recover damages even if you had a pre-existing condition before the accident. The eggshell plaintiff rule ensures that the at-fault party is responsible for all harm they cause, including aggravation of pre-existing conditions.
What’s the difference between a pre-existing condition and an aggravated injury?
A pre-existing condition is a health problem you had before the accident. An aggravated injury occurs when the accident makes that condition worse. You cannot recover for the pre-existing condition itself, but you can recover for the aggravation caused by the accident.
How do I prove my pre-existing injury was aggravated by the accident?
Medical evidence proves the connection. Gather your medical records from before the accident, your treatment records and bills after the accident, and get your doctor’s opinion about how the accident affected your condition. Expert medical testimony can strengthen your case at trial.
Will the insurance company use my pre-existing condition against me?
Insurance companies may try to minimize your claim by focusing on your pre-existing condition. However, the eggshell plaintiff rule protects you. The law says they must pay for the full extent of harm caused by the accident, even if you were more vulnerable. An experienced attorney can counter their arguments effectively.
What medical evidence do I need to support my claim?
Collect medical records from before the accident showing your pre-existing condition, medical records from after the accident showing treatment for the aggravation, and written opinions from your doctors explaining how the accident affected your condition. If your case goes to trial, expert medical testimony becomes even more important.
Get Help With Your Pre-Existing Injury Claim Today
Pre-existing injuries do not disqualify you from recovering damages in a personal injury claim. California law protects your rights through the eggshell plaintiff rule and other legal principles. The key is proving that the accident aggravated your condition and caused additional harm.
DJA Injury Attorneys understands how to handle these cases. Our firm has the experience, knowledge, and resources to fight for the compensation you deserve. We offer free consultations with no obligation, and we work on a contingency fee basis, so you pay nothing unless we win.
Contact DJA Injury Attorneys today to discuss your pre-existing injury claim. Call (949) 229-7228 or visit our website to schedule your free consultation. We are available 24/7 to help you in your pre-existing injuries personal injury claims in California.