You are not alone if you are dealing with a long-term health condition, disability, or injury. Twenty percent of Americans, according to the Centers for Disease Control and Prevention (CDC), suffer from “chronic discomfort.” Numerous additional health problems plague the general populace. These ongoing problems may be classified as “pre-existing conditions” in the context of a personal injury claim.
As unfortunate as it is, defendants and insurance companies may try to exploit a claimant’s pre-existing ailment as grounds for reducing their settlement offer. You must have the ability to defend your rights and interests. An experienced lawyer at Redkey Gordon Law Corp can explain how California law treats claims involving injuries that occurred before a person was aware of the illness.
No Concealment of Your Preexisting Condition Is Permitted.
First and foremost, if you’re filing a personal injury claim in the Golden State of California, the defendant or insurance company cannot use your pre-existing condition as a defence. Anyone who causes another person’s damage or medical condition to worsen is accountable for doing so, even if the victim’s injury or impairment existed before the accident. It’s possible that you deserve monetary damages for the following:
Expenses for treatment, time away from work, lost earnings, emotional distress, and physical impairment or disfigurement all add up.
Realizing the Eggshell Plaintiff Rule
The state of California has enacted legislation to protect those who are more vulnerable due to the effects of their illness. Common law holds that preexisting conditions cannot be used by defendants/insurers to avoid liability.
The idea states that a defendant is nevertheless “liable for any injury that is magnified by the plaintiff’s distinctive traits,” as stated by Cornell Legal Information Institute. That is to say, if a person’s preexisting condition made them more susceptible to serious damage in an accident, that individual has the right to claim full financial recompense.
Medical record releases should not be signed until you have spoken with a San Joaquin Valley attorney.
The insurance company will likely ask for your medical records in case of an accident, whether it be a car crash, a slip and fall, or something else. A defendant or insurer will have a right to obtain necessary medical records as part of the claims procedure. They may not be allowed to look through your whole medical record without your permission.