If you have a pre-existing medical condition that was aggravated after an accident, can you still pursue a claim in Los Angeles, CA? The short answer to this question is: yes. California uses the “eggshell rule” if you have a pre-existing condition that was aggravated by an accident.
You can use this article to learn how the “eggshell rule” works and how it can apply in your case. The Simmrin Law Group can work to get you the compensation you deserve if your condition was aggravated by an accident. Call us at (310) 896-2723 to get help from a car accident lawyer in Los Angeles now.
You Can Legally Seek Compensation if You Have a Pre-Existing Condition
Car accidents do not cause the same degree of injury to everyone. Some individuals will be harmed more severely than others in a collision, due to a pre-existing condition they have. For example, let us say you suffer from hemophilia.
If you are in a car accident, a relatively minor injury could cause you to bleed very heavily. While someone else could walk away from the accident, you could require extensive medical treatment. Under California’s laws, you can be entitled to compensation for your treatment, even though your injuries are partially caused by your condition.
Note that if you have a prior medical condition, you could be called an “eggshell plaintiff” in California. This means that the individual responsible for your accident will be liable for your injuries, disregarding your condition.
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Demonstrating That Your Pre-Existing Condition Was Aggravated
You can only get compensation for injuries associated with the aggravation of a pre-existing condition if your lawyer can show that the accident caused the aggravation. A car accident lawyer may work to demonstrate that the accident aggravated your injuries by:
- Reviewing your past medical records
- Going over diagnostic tests taken after the accident
- Bringing in expert witnesses to testify
Diagnostic tests used in this situation often include x-rays, MRIs, and ultrasounds. Your lawyer will go over the specifics of your case when considering what diagnostic tests may support your claim. Get personalized help now by calling (310) 896-2723.
Liability for an Accident That Aggravated a Pre-Existing Condition
In order to bring you compensation for your injuries, your lawyer must show that the accident worsened a pre-existing condition. Your lawyer will also need to show that someone else caused your accident. The Simmrin Law Group can work to establish liability in your case by:
- Investigating the scene of the accident
- Reviewing the police report about your wreck
- Interviewing all witnesses to the collision
We can work tirelessly to show that another driver caused your accident, so you can get the compensation you need to move forward with your life. Note that it can be easier to bring you full compensation if you contact a professional legal team immediately after your accident.
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Possible Compensation for an Aggravated Pre-Existing Medical Condition
If a car accident in Los Angeles aggravated a pre-existing medical condition, you could get compensation for your:
- Medication treatment
- Rehabilitation and physical therapy
- Medication costs
- Lost wages at work and lost earning potential
In some cases, you may even be granted damages to cover your pain and suffering after an accident. Car accident lawyers in Los Angeles can also work to ensure the repair costs for your vehicle are covered after a collision.
The team at the Simmrin Law Group can gather evidence about your case to build a strong claim. We can then negotiate with insurance agents representing the other driver. In many cases, we can bring clients in your situation a fair settlement to cover their medical expenses and other losses.
However, sometimes insurance agents will not deal with you fairly. In this situation, the Simmrin Law Group can bring your claim to court. We can represent you in front of a judge and jury, working to secure a verdict in your favor.
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Get Help if Your Pre-Existing Condition Was Aggravated After an Accident
If you have a pre-existing medical condition that was aggravated after your accident, you can still pursue a claim in Los Angeles, CA. The Simmrin Law Group can step in today to help you get full compensation for all of your losses. Find out more about how we can help by calling (310) 896-2723 or completing our online contact form. Allow us to begin working on your claim right now.
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