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I just found out I have a pre-existing condition. How much will the other side be responsible for?

San Francisco, CA |

Recently, I was injured in a car accident. The other side has admitted guilt. I just found out one of my injuries is due to a pre-existing condition. What medical bills are they now responsible for? Will they now have to return me to complete health, pre-existing condition and all?

Attorney Answers 13

  1. You preexisting condition should not be a big issue if you didn't even even know you had it . They will have to pay for all care made necessary by the accident.

  2. The other driver is responsible for all harm proximately caused by the collision. If your pre-existing condition was aggravated or became worse as a result of the collision, you are entitled to compensation for those injuries. The other driver's insurance will request your medical records and likely blame all your current symptoms on the per-existing condition. Which is why you should consult with personal injury attorneys in your area for further advice about your claim. Use the Avvo "Find a Lawyer" tool bar to search for attorneys.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.

  3. The other side is legally liable for the exacerbation oraggravation or pre-existing conditions, and/or activation of asymptomatic conditions. You are entitled to damages to compensate you for the difference between what you pre-existing condition was before the accident and what it now is due to the accident. This is largely proved my medical documentation and evidence to show the "before and after" of your condition. While you are entitled to have the medical bills paid for the treatment necessitated by the accident, obviously you will not be "returned" to "complete health" as if you never had the condition at all.

  4. The other side is responsible for the aggravation of the pre-existing condition. Thus, the other side ought to be responsible for of all the charges incurred in connection with the examination and treatment of the aggravation of that condition.

    Marc Lazarus

    This answer to this questions is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney right away to further examine the issues in your case.

  5. This is very complex and cannot be answered based on a few sentences here. I'd get a lawyer or if you already have one, ask them for help.

  6. Retain a personal injury lawyer then. Avvo has a terrific "find a lawyer" tool so you can find a top-rated (10) Avvo lawyer within a mile or two of your house.

  7. The at fault party is responsible for all treatment arising from your accident. If you have a pre-existing condition which was already healed, then this is a new injury as far as your claim is concerned. Hire a local lawyer. Best of luck.

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.

  8. An at fault defendant takes an injured party 'as they find them" Nevertheless, as a practicable matter it is the aggravation of a pre-existing condition and/or medical evidence of a latent condition that may not have caused a problem for years to come or ever. It is a complicated medical issue that personal injury attorney are trained to deal with regularly. Do not attempt to handle this matter yourself - consult a local personal injury attorney = most offer a free initial consultation so it is a win, win situation.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  9. I recently wrote an article for Spine Universe explaining the effects of a pre-existing condition on a motor vehicle accident. In essence, it depends on the documentation of your injury/ condition prior to the injury. The legal term used to describe the defendant in cases in which a pre-existing condition effects the accident victim is the "egg-shell plaintiff." I offer free consultations throughout California to help victims of car accidents learn about the legal process and understand their rights to fair compensation.

  10. All very good answers here. Aggravation of a pre existing condition is part of the damages for which one can be compensated. You will need to hire a personal injury lawyer from your state. Some very good one's answering this question. I always tell my client's you are married to your medical records after an accident. The extent of your injuries and proof of the aggravation of your condition will have to be established by your medical experts. Good Luck!

  11. The other side is responsible for the aggravation of your pre-existing condition. If the accident made your pre-existing condition worst or symptomatic then you are entitled to recover for any medical treatment that is necessary including surgery to repair this condition. Your attorney will help you through the process.

  12. The pure legal answer is that the negligent driver is responsible for making your condition worse. As a practical matter, the insurance lawyer will likely try to make it look like you're trying to get his/her "poor" client to pay for an old medical problem. This is why it's crucial that you have an experienced personal injury lawyer on your side to bring out the true medical evidence.

  13. The pre-existing condition may or may not affect your case. Is the pre-existing condition to the same body parts injured in the car accident? What type of pre-existing conditions? There are several factors that you, your doctors, and your attorney will need to consider. The other side is still liable for the aggravation of your pre-existing condition. Aggravation of your pre-existing condition is included in damages that you can recover in a personal injury case. Since the pre-existing condition was discovered after the car accident, it shouldn’t have much of an effect on your recovery for the injuries from the car accident. However, it depends on the documentation of the pre-existing condition prior to the car accident. This being said, it is important that you have the help of a personal injury attorney on your side. Best wishes for a speedy recovery and good luck!

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