A prior back problem, earlier surgery or degenerative condition does not automatically defeat a California personal injury claim. The central medical question is what harm the accident caused, including whether it made an existing condition worse.
In this video, attorney Norman Gregory Fernandez explains why an insurer’s reference to a preexisting condition is the beginning of an evidence question rather than an automatic answer.
Separate the old condition from any worsening
California damages principles generally distinguish an existing condition from additional harm caused by an accident. If negligence aggravated a condition, the resulting worsening may be compensable. Medical evidence is important to explain the difference. A claim should not attribute unrelated symptoms or treatment to the accident.
Build a clear before-and-after history
Describe symptoms, activities, treatment and work limitations before the incident and how they changed afterward. Someone with occasional discomfort before a crash may have a different history from someone already receiving intensive treatment. Neither history should be concealed.
List earlier providers, relevant imaging, medication and later accidents. Give your attorney the complete information so unexpected records do not undermine an otherwise supportable account.
Imaging alone may not explain everything
An imaging report is one part of a clinical evaluation. Ask your treating provider to explain findings in the context of your symptoms and examinations. Do not diagnose yourself from a report or assume that the word degenerative proves the accident caused no harm. Equally, do not assume every new finding must have resulted from the incident.
Respond carefully to insurance requests
An insurer may request earlier records to evaluate causation. The appropriate scope depends on the issues and applicable process. Review broad authorizations with your attorney rather than signing without understanding them or refusing every request. Preserve relevant records; do not alter or destroy unfavorable material.
Focus on provable changes
Keep accurate records of care, medical restrictions, missed work and actual changes in daily life. A simple timeline can help a provider or attorney identify the relevant periods. Do not manufacture limitations or overlook improvements.
Bring prior and current treatment information to a consultation. A careful assessment should account for your actual baseline, the accident, subsequent events and available medical opinions. No responsible evaluation can promise a recovery based only on the existence of an old diagnosis.
General information, not legal advice. Every case depends on its facts. No result is guaranteed. An attorney-client relationship requires an agreed engagement.
Get Help Now
Work directly with an experienced California personal injury attorney. The Law Office of Norman Gregory Fernandez & Associates represents injured people statewide. Norman Gregory Fernandez has practiced law since 1997. Call 800-816-1529 for a free consultation or contact our office.
About Attorney Norman Gregory Fernandez
