How Do Prior Injuries Affect a New Personal Injury Claim?

If you get into an accident caused by someone else’s negligence, you have the right to bring a personal injury claim to be reimbursed for your losses and damages. But if you have injuries from before the accident, this can make things complicated. It can raise questions about what harm the accident actually caused. If you’re fighting to get the compensation you deserve, talk to a Victorville, CA personal injury lawyer for help. 

Why It’s Complicated

When someone has a history of injury and then experiences a new accident, they have to be careful as they pursue compensation. They’re only eligible to be compensated for the harm the new accident created or made worse: any issues that continue at the same level as before are outside the claim. 

Insurance companies love to jump on this to deny and devalue claims, arguing that all the harm is from a pre-existing condition rather than something caused by the accident they are responsible to cover. 

The “Eggshell Doctrine”

The eggshell rule, also called the eggshell skull doctrine, says that a person who was negligent and caused an accident is responsible to take the victims exactly as they are, with whatever prior conditions they already had. Even if earlier issues the victim had made the new harm more severe than it would have been for someone without that medical history, the negligent person is still responsible.

The Extent of Your Claim

Any documented aggravation of a preexisting injury will influence the overall value of your claim. If the accident has caused a serious change in your condition, this often means you’ll be owed higher amounts for medical costs, lost income during recovery, and non-economic damages like increased pain. One of the most important jobs your lawyer has is to properly calculate your full claim. 

Why a Personal Injury Lawyer Is So Important

Proving the connection between any harm or injury you have and the accident caused by someone else’s negligence is your responsibility. You have the right to be compensated, but you have to actually show that the recent accident either created a brand-new problem or aggravated an old one in a measurable way. Without clear evidence tying the worsening of your condition directly to the new incident, you might not be able to get much in your personal injury claim.  

Insurance companies review medical histories closely, and they are very experienced in finding ways to minimize claims or deny them entirely. You need strong evidence, but you also need someone on your side who knows the law, understands how to use the evidence well, and who has experience in negotiating with insurers. 

Get Help Today in Victorville, CA

If you’ve been injured in an accident caused by someone else, reach out to us today at the Law Offices of Vondra & Hanna in Victorville, CA for a free consultation or call us at 760-514-0344. We serve Victorville, Old Town Victorville, and the entire High Desert region, and our mission is to hold insurance companies responsible to fulfill their obligations. Consultations are always free, so contact us right away to get started. 

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