Santa Monica Personal Injury Lawyer
Aggravation of a Pre-Existing Medical Condition
Joe, a car accident injury client of the firm.
Although some people are perfectly healthy, others have to live with medical
conditions that become a part of their everyday life. When people who
suffer from pre-existing medical conditions are involved in an accident,
then they are susceptible to having their pre-existing medical conditions
aggravated or made worse. If you were injured in an accident and if you
suffered aggravation of a pre-existing medical condition or a prior injury,
you may be entitled to monetary compensation for the additional harm that
was caused to you.
People with prior injuries or pre-existing medical conditions are what
the law refers to as "eggshell plaintiffs." This means that
you are fragile and susceptible to injuries more than an average person
would be. Under the eggshell plaintiff doctrine, the defendant must be
responsible for the victim including their invisible medical conditions.
This means the defendant is legally liable for the damage that was caused
by the accident, even if they had no way of predicting the severity of
injuries suffered by the eggshell plaintiff.
An Example of an Eggshell Plaintiff
An elderly woman has a hip implant. She is walking through a retail store
and there is a leaky roof. She slips and falls on the wet slippery surface
thus damaging her hip implant and rendering it broken. She must seek out
immediate hip surgery to repair or replace the broken hip implant. Although
a younger adult may not have broken their hip at all, the elderly adult
is far more fragile. Under
premises liability law, the property owner would be responsible for paying for the hip surgery
that would be required.
If your case heads to trial and the presiding judge decides that you are
in fact an "eggshell plaintiff," then the jury will be read
the California jury instruction which discusses the aggravation of a prior
injury, CACI 3927, which says:
"Plaintiff is not entitled to damages for any physical or emotional
condition that he/she had before defendant's conduct occurred. However,
if plaintiff had a physical or emotional condition that was made worse
by defendant's wrongful conduct, you must award damages that will
reasonably and fairly compensate him/her for the effect on that condition."
Santa Monica Personal Injury Attorney on Your Side
At McGee, Lerer & Associates, we are a husband and wife team that has
dedicated our legal careers and our practice to the field of
personal injury law for over 35 years. Our firm has extensive experience in cases involving
the aggravation of pre-existing injuries or medical conditions. We can
reasonably expect the insurance adjuster to use your pre-existing conditions
against you, and they will most likely say that your current complaints
are ones that you suffered before the accident. They will use your pre-existing
medical conditions or injury against you in order to discount how much
they have to pay you.
Santa Monica personal injury lawyers, we will vigorously fight for the compensation that you deserve. We will
not accept such claims by the insurance adjuster, nor will we agree with
their "theory" about how your claims are invented or merely
pre-existing conditions. We will gather all your medical documentation
relating to your pre-existing medical condition and use that information
to prove that the new accident did in fact aggravate your pre-existing
medical condition and cause further pain, suffering and physical harm
to you. You deserve ample compensation for your injuries; don't let
an unfair insurance adjuster use your medical condition to devalue your claim.
Contact a Santa Monica personal injury lawyer from McGee, Lerer & Associates for a free consultation if your medical
condition has been worsened by an accident.