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Home > Accident Attorney > HOW DOES A PRE-EXISTING MEDICAL CONDITION IMPACT MY CAR ACCIDENT CLAIM?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : January 13, 2022

HOW DOES A PRE-EXISTING MEDICAL CONDITION IMPACT MY CAR ACCIDENT CLAIM?

Posted on Monday, November 28th, 2016 at 11:45 pm    

Is an insurance adjuster telling you that you cannot recover full compensation for your car accident claim because of a pre-existing medical condition? If so, you need to understand your legal rights!  Using a pre-existing medical condition to deny or decrease the value of an accident claim is a common tactic for many insurance companies.

Before you discuss your claim any further with the insurance adjuster or sign any documents, contact our Sacramento car accident attorney for a free consultation. Call our office at (916) 999-9000 to schedule your free appointment. Know your rights regarding a pre-existing medical condition BEFORE you do anything about your car accident claim.

Dealing With Pre-existing Medical Conditions After A Car Accident

When a person who has a pre-existing medical condition is injured in a car accident, that person is referred to as an “eggshell plaintiff.” Being an eggshell plaintiff does not mean that the person is not entitled to recover full compensation or his or her injuries. It simply means that the person may be at a higher risk for injury in an accident compared to a person who does not have a pre-existing medical condition.

Under California’s personal injury laws, a person with a pre-existing medical condition may receive full compensation. However, the person must still prove that the other driver caused the accident and that the person suffered damages because of the collision.  With a pre-existing medical condition, making the medical condition “worse” is the key to recovering compensation in a car accident claim.

When a case goes to court, the judge instructs the jury as follows regarding a pre-existing medical condition:

“[Name of plaintiff] is not entitled to damages for any physical or emotional condition that [he/she] had before [name of defendant]’s conduct occurred. However, if [name of plaintiff] had a physical or emotional condition that was made worse by [name of defendant]’s wrongful conduct, you must award damages that will reasonably and fairly compensate [him/her] for the effect on that condition.”

Again, the key to recover compensation is to prove that the car accident made your pre-existing medical condition “worse.” If you can prove your medical condition has become worse because of the car accident, you should be able to recover compensation from the other driver. However, these types of car accident claims can be very complicated. The insurance company for the other driver may fight the claim aggressively, especially if the amount of damages is substantial. Hiring an experienced Sacramento car accident attorney as soon as possible can increase your chance of recovering full compensation for your injuries.

Call A Sacramento Car Accident Attorney Now

If you have been injured in a car accident, our Sacramento car accident attorneys want to help. We understand that you may be out of work and you may be struggling to make ends meet. We do not charge for the first appointment, so you do not need to worry about paying a fee to get the legal advice you need to protect your rights. Furthermore, we accept most car accident cases on a contingency fee basis — you don’t pay our attorney fees until we recover compensation on your behalf.

You can reach the Tiemann Law Firm by calling (916) 999-9000 or by chatting with a representative on our website. Contact our office today for your free appointment with a Sacramento car accident attorney.

Categories: Accident Attorney, Accident Injury, Attorney At Law, California, Car Accident

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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

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Michael T. Testimonial
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly Testimonial
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Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

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