Were you injured in a car accident in Santa Ana, CA? If the insurance company is claiming your injury was a pre-existing condition, one of our experienced Santa Ana car accident lawyers can help you challenge the insurer’s arguments and pursue compensation for your accident-related injuries.
Our legal team can walk you through the legal process. Call Robles Babaee, Personal Injury Lawyers at (714) 263-3700 to learn more about your options during a free consultation.
Why Choose Robles Babaee, Personal Injury Lawyers for Help After a Car Accident in Santa Ana, CA?
Fighting an insurance company over an aggravated pre-existing condition takes more than a general practice attorney. It takes a Santa Ana personal injury lawyer willing to dig into your medical history and push back when adjusters try to use it against you.
Clients throughout Santa Ana, California, choose our firm because:
- We’ve secured millions of dollars in settlements and court awards for injured clients.
- Our attorneys are fluent in English, Spanish, and Farsi.
- We’re active in the local community, including involvement with the Tustin Chamber of Commerce and the Orange County Sheriff’s Department.
Contact Robles Babaee, Personal Injury Lawyers, for a free consultation with a Santa Ana car accident attorney.
California’s Approach to Pre-Existing Conditions
California law allows an injured person to recover damages when a defendant’s wrongful conduct aggravates a preexisting physical or emotional condition. However, the defendant generally is responsible for the harm caused by the aggravation, not for the underlying condition that existed before the accident.
If you were managing a health issue successfully before the crash, and the impact made it worse, the at-fault driver is responsible for that deterioration, not you.
Why Insurers May Scrutinize Your Medical History
Insurance companies can use your medical background to claim your injuries are unrelated to the crash. This, in turn, gives them cover to undervalue your damages and reduce their liability exposure.
They may try to undermine your case by:
- Casting doubt on your claim by citing the natural progression of an old injury
- Arguing that post-crash medical treatments were unnecessary
- Offering low settlements that disregard the severity of the aggravation
- Scrutinizing past records to find any excuse to minimize your damages
These are just tactics. They may have no bearing on the truth of your condition.
Conditions That Can Be Aggravated in Car Accidents
Certain conditions are especially vulnerable to further deterioration from a crash. These include:
- Chronic back pain: Well-managed pain can flare up after the physical trauma of a collision.
- Bulging/herniated discs: A crash can push a compromised disc further out of place, worsening nerve compression and pain.
- Degenerative disc disease: This condition can accelerate rapidly after the added stress of a crash.
- Arthritis and joint wear: Joints already weakened by arthritis are more susceptible to further damage from the sudden jolt of a collision.
- Traumatic brain injuries (TBI): Multiple head injuries can produce severe symptoms in someone who has a history of TBI.
- Previous fractures: Bones that were previously broken and healed can be more vulnerable to re-injury or complications at the same site.
- Mental health conditions like PTSD or anxiety: The trauma of a car accident can intensify existing psychological conditions, triggering a resurgence of symptoms that had previously been under control.
A successful personal injury claim requires you to prove a significant, documented change in your health and quality of life due to the defendant’s wrongful conduct.
Recoverable Compensation in a Claim Involving a Pre-Existing Condition
If you can prove your pre-existing health issues were made worse in a Santa Ana car accident, you may be entitled to recover compensation for economic and non-economic damages, including:
- Medical costs (past and future)
- Physical therapy
- Lost wages
- Diminished earning capacity
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Loss of life enjoyment
At the end of your case, you should be compensated for all your financial and personal losses related to the crash.
Our car accident attorneys in Santa Ana can help you identify every category of compensation available for your specific injury. We can even work with experts to show how the accident worsened your injury and prognosis.
Contact Robles Babaee, Personal Injury Lawyers Today for a Free Consultation With a Santa Ana Car Accident Attorney
You should not be penalized for your medical history. If someone’s negligence has worsened your health, you deserve justice and fair treatment.
Robles Babaee, Personal Injury Lawyers has spent years helping clients secure the full value of their claims. We are ready to take your case to trial to protect your rights. Contact our Santa Ana car accident lawyers today for a free, no-obligation consultation.