Setareh Law
July 8, 2025
Many accident victims in California worry that their pre-existing medical conditions will prevent them from recovering compensation for injuries sustained in accidents caused by others’ negligence. Insurance companies and defense attorneys often attempt to use pre-existing conditions as shields against liability, claiming that injuries were not caused by the accident but by underlying health issues.
At Setareh Law, we have extensive experience protecting the rights of accident victims with pre-existing conditions throughout California. Our attorneys understand how to distinguish between pre-existing conditions and accident-related injuries, ensuring that responsible parties cannot escape liability simply because you had prior health issues.
Understanding Pre-existing Condition Exclusions
A pre-existing condition exclusion is a legal or insurance concept that attempts to limit or deny coverage for injuries or conditions that existed before an accident occurred. These exclusions are often misapplied or misunderstood, leading to unfair denial of legitimate claims for injuries that were clearly caused or worsened by accidents.
In California personal injury law, having a pre-existing condition does not automatically disqualify you from recovering compensation for accident-related injuries. The key legal principle is whether the accident caused new injuries or aggravated existing conditions beyond their natural progression.
The Eggshell Skull Rule in California
California follows the “eggshell skull rule,” which means that defendants must take victims as they find them, including any pre-existing conditions or vulnerabilities. If someone with a pre-existing spinal condition suffers additional injury in a car accident, the at-fault driver remains liable for all damages caused by the accident, even if a healthier person might not have been as severely injured.
This rule protects accident victims from having their compensation reduced simply because they were more susceptible to injury than the average person. The focus remains on what the accident caused, not on the victim’s prior health status.
Common Types of Pre-existing Conditions
Many accident victims have pre-existing conditions that may be relevant to their personal injury claims. These commonly include prior back or neck injuries, arthritis, degenerative disc disease, previous surgeries, and chronic pain conditions. Mental health conditions, such as depression or anxiety, may also be considered pre-existing conditions.
The existence of these conditions does not prevent recovery for new injuries or aggravation of existing problems caused by accidents. However, careful medical documentation is essential to distinguish between pre-existing symptoms and new or worsened conditions resulting from the accident.
Aggravation vs. Natural Progression
A critical distinction in pre-existing condition cases involves determining whether an accident aggravated an existing condition or whether the condition would have worsened naturally over time. Aggravation caused by an accident is compensable, while natural progression is not attributable to the accident.
Medical evidence, including imaging studies, treatment records, and physician testimony, helps establish whether changes in your condition resulted from the accident or natural disease progression. This distinction often requires medical testimony to explain the relationship between the accident and your current symptoms.
How Insurance Companies Use Pre-existing Conditions
Insurance companies frequently attempt to minimize claim values by arguing that injuries were pre-existing rather than accident-related. They may claim that all current symptoms existed before the accident or that the accident did not significantly worsen your condition.
These arguments often rely on incomplete medical records or selective interpretation of medical evidence. Insurance adjusters may focus on prior complaints of pain or previous treatments while ignoring evidence that the accident caused new or additional problems.
Defending Against Pre-existing Condition Arguments
Successful defense against pre-existing condition arguments requires comprehensive medical documentation and strategic case presentation. Your attorney will gather complete medical records from before and after the accident to show clear changes in your condition following the incident.
Comparative evidence showing your activity level, pain complaints, and functional capacity before and after the accident helps demonstrate the impact of accident-related injuries. Medical professionals can explain how the accident affected your pre-existing conditions and distinguish between old and new problems.
Medical Documentation and Evidence
Thorough medical documentation is crucial in pre-existing condition cases. This includes obtaining all medical records from healthcare providers who treated you before the accident, as well as comprehensive documentation of post-accident treatment and symptoms.
Your treating physicians play a critical role in explaining how the accident affected your pre-existing conditions. Their opinions about causation, aggravation, and the relationship between your current symptoms and the accident provide essential evidence for your claim.
Contact Setareh Law for Pre-existing Condition Cases
If you have pre-existing conditions and have been injured in an accident in California, don’t let insurance companies convince you that you cannot recover compensation. Pre-existing conditions do not prevent you from seeking justice for injuries caused by others’ negligence.
Setareh Law has recovered over $250 million for injured individuals throughout California, including many clients with pre-existing conditions who were told they had no case. Our 60 years of combined experience include successfully handling complex cases where insurance companies attempted to deny claims based on pre-existing conditions. We understand California law and know how to protect your rights regardless of your prior health history. We handle all personal injury cases on a contingency fee basis, meaning you pay no attorney fees unless we secure compensation for your injuries. Contact us at (310) 659-1826 or through our contact form to discuss your accident case and pre-existing condition concerns today.
