If You Have a Pre-Existing Condition Made Worse in an Accident, Can You Make a Claim?

The short answer: yes, you can. In California, you are entitled to compensation when an accident worsens a pre-existing condition.

How the Law Protects You

Even if you had prior neck pain, back issues, or other medical conditions, the at-fault party is still responsible for aggravating those conditions. California law (CACI 3927–3928) states that a defendant must take the victim “as they find them.”

Example Scenario

If you were in physical therapy for neck pain before a car accident, and afterward your pain worsened or new symptoms appeared, those additional injuries are compensable under personal injury law.

Protecting Your Rights

Insurance companies often use pre-existing conditions as an excuse to minimize your claim. Don’t let them. The lawyers at Richard | Bartlett Lawyers in Ventura, CA, understand how to document medical evidence and fight for the full value of your case.