Skip to Content
Aggravation of Prior Medical Condition

Aggravation of a Pre-Existing Medical Condition

Get the Representation You Deserve

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

The California jury instruction explains 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."

Our Team Is 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 40 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.

As your 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.


Why Choose McGee, Lerer & Associates?

What Makes Us Different
  • Four Convenient Locations
    We have 4 offices in Southern California - Los Angeles, Pasadena, Santa Monica, & Long Beach.
  • 24/7 Availability
    We're available before and after normal business hours to meet with you and start your case.
  • No Fees Unless We Win
    Until and unless we succeed in providing your compensation, we don't charge you a dime. Learn more here.
  • Personalized Attention
    We take the time to understand each aspect of your case in order to tailor your solution.

Contact Us Today

100% Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Our Previous Clients Tell Their Stories

Learn What It's Like to Work With Our Firm

At McGee, Lerer & Associates, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "This law firm is very professional"

    After my car accident, I didn't know what to do. I tried to fix the problem myself, and my insurance ignored me. After speaking with Catherine and her working group Maria and Nick, I have actually been able to achieve what my insurance said would not be po

    "They make you feel like you are their only customer"

    They were always available to answer my messages and questions. I am very grateful to them. I recommend them.

    "They sit and talk to you before making any moves or decisions. I would highly recommend them!"

    Very professional. Made my case go smoothly and made me feel comfortable during it. They kept me updated constantly whenever anything new came about. They sit and talk to you before making any moves or decisions. I would highly recommend them! Thank you gu

    - J.L.
    "they are the ones you want in your corner in any automobile accident."

    I had Catherine represent me and my grandmother 10 years ago in a car accident. I couldn't tell you how professional and quickly she handled our case. Catherines strong determination against the issuance companies got us to get the medical rehabilitation w

    - A.G.
    "I was referred to them by my brother who had them handle his case as well, I wouldn’t go to any other lawyer"

    I was in a motorcycle accident back in May and Catherine and Joanna have been able to help me through the entire process, I was referred to them by my brother who had them handle his case as well, I wouldn’t go to any other lawyer

    - R.J.
    "We could not have asked for a better outcome!"

    I am writing this review on behalf of my son. We can’t recommend the McGee-Lerer team strongly enough. I found them online ...

    - Brent, Google Review
    "They have restored my faith in lawyers!"

    Don't hesitate to hire these guys. I had heard nothing but horror stories about accident attorneys before hiring them. But I ...

    - Omana, Google Review
    "They wanted to know what was important to me, what were my concerns and questions. I liked that."

    My dentist and my friend's dad both recommended this firm. So glad they did. I was very happy with how they handled my case. ...

    - Darya, Google Review