Filing a truck accident claim with a preexisting condition can raise complex legal issues that may impact your ability to recover full and fair compensation. Liable party(s) and their insurance companies may argue that your prior health issue is the root cause of your injuries, not the crash itself. A knowledgeable Pasadena truck accident lawyer can effectively advocate for your right to compensation for your medical bills, lost income, pain and suffering, and more.
How Preexisting Conditions Affect Truck Accident Injury Claims
A preexisting condition refers to any injury or medical issue you had before a truck accident. Preexisting conditions can include prior traumatic injuries, chronic illnesses, or ongoing degenerative changes.
Common examples of preexisting conditions include arthritis, degenerative disc disease, or soft-tissue injuries. The force of impact from a commercial truck accident can reinjure parts of the body that had healed from previous injuries or aggravate symptoms of an ongoing illness or health condition.
Preexisting conditions can affect truck accident claims when trucking companies or insurers argue that an accident victim’s symptoms result from a prior injury rather than the crash. Fortunately, California follows the eggshell skull rule in personal injury cases.
Under the eggshell skull rule, the party(s) who caused the truck accident may bear liability for the injuries you sustained even if your preexisting conditions made you more prone to suffering an injury. Let’s say you have degenerative disc disease. Under the eggshell skull rule, you can still pursue compensation for a herniated disc caused by a truck accident, even though your underlying condition made you more prone to spinal injuries.
Should I Disclose My Preexisting Condition to the Insurance Company?
Victims often worry that telling an insurer or lawyer about a prior medical issue could jeopardize their truck accident claims. Lying or hiding a diagnosis is worse. There is a good chance that the insurance company or your lawyer will discover that you have a preexisting condition when reviewing your medical records. Failing to disclose your medical condition damages your credibility in the insurance company’s eyes and could impact your settlement.
Steps to Strengthen Your Truck Accident Claim with a Preexisting Condition
You can improve your chances of recovering maximum compensation in a truck accident claim despite your preexisting condition by following best practices such as:
- Following your doctor’s treatment plan and recovery instructions
- Requesting copies of your medical records of your treatment and rehabilitation
- Obtaining your pre-accident medical records to demonstrate your condition before and after the accident
- Having your doctor or other medical experts prepare written narratives or reports explaining how the accident, not your prior health issue, caused your current injuries or symptoms
Contact a Pasadena Truck Accident Lawyer Today
Navigating the truck accident claims process can be challenging if you have a preexisting condition. Don’t lose hope. California law still allows you to seek compensation despite a prior medical issue. An experienced truck accident attorney in Pasadena can prevent insurance companies from exploiting you.
The Law Offices of Pius Joseph is a respected California personal injury law firm with a long history of handling complex truck accident cases. Contact us today for a free, no-obligation consultation with a Pasadena truck accident lawyer.
