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Pre-Existing Back Injury: Can I Still Make a Claim? - California spinal injury attorney legal information and compensation claim guidance

Pre-Existing Back Injury: Can I Still Make a Claim?

Insurance companies love to use pre-existing conditions to deny or minimize claims. But having a prior back condition doesn't mean you can't recover compensation when an accident makes it worse.

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The Eggshell Plaintiff Doctrine

Under this legal principle, defendants must take victims as they find them. If you had a vulnerable back that was injured or worsened by an accident, you're entitled to full compensation for the aggravation.

  • Legal protection for pre-existing conditions
  • Compensation for symptom aggravation
  • Recovery for accelerated degeneration
  • Full damages for worsened conditions

Proving Aggravation vs. Pre-Existing

The key is showing how your condition before the accident compared to after. Medical records, imaging, and expert testimony help establish this.

Don't Let Insurance Use Your History Against You

We know how to present pre-existing condition cases and counter insurance company arguments. Contact us for a free evaluation.

Frequently Asked Questions

Frequently Asked Questions

How much is my pre-existing back injury case worth?

The value of your pre-existing back injury case depends on factors like medical expenses, lost wages, pain and suffering, and long-term impact. Our attorneys will evaluate your case for free and help you understand its potential value.

Should I hire a lawyer for my pre-existing back injury claim?

Yes, hiring an experienced attorney significantly increases your chances of fair compensation. Insurance companies often minimize pre-existing back injury claims, and a lawyer ensures your rights are protected throughout the process.

How long do I have to file a pre-existing back injury lawsuit?

Statutes of limitations vary by state, typically ranging from 1-4 years from the injury date. However, acting quickly preserves evidence and strengthens your case. Contact us immediately for a free consultation.

What damages can I recover for pre-existing back injury?

You may recover medical expenses, lost wages, future medical care, pain and suffering, emotional distress, and loss of quality of life. In some cases, punitive damages may also apply.

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