Car accidents often cause injuries, but they can also exacerbate existing medical conditions. In California, the law allows a person to recover compensation if a crash aggravates a prior injury or illness. Having a condition before the crash does not stop someone from recovering damages. What matters is the harm that the accident has made worse
Here are some crucial points to remember.
The eggshell plaintiff rule
California follows the “eggshell plaintiff” rule. This means that the person responsible for an accident must take the injured person as they are. Even if someone is more fragile or prone to injury than the average person, they may still recover damages if a collision worsens their condition.
However, compensation does not cover the original injury itself. It applies only to the worsening that resulted directly from the accident, such as new pain, additional treatment or increased disability.
What evidence must be shown?
The injured person must prove that the accident aggravated their condition. This often requires medical documentation that highlights the difference in health status before and after the crash. Useful forms of proof include:
- Medical records from both time periods
- Doctor’s reports describing changes in symptoms
- Imaging scans showing physical differences
- Records of new treatments, prescriptions, or therapies
This evidence helps separate the underlying condition from the harm caused by the crash.
Insurance companies often argue that the symptoms existed before the accident. Without strong proof, they may deny the claim. Clear medical documentation is often the deciding factor. As this issue can be complex, it’s essential to seek legal guidance when making a claim.