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.

Client Testimonials

Elizabeth Ochoa Testimonial
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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.

Dawniel Ewing Testimonial
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

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.