How Do Pre -existing Injuries Affect Your Personal Injury Case?


One of the most significant factors in a personal injury case can be a pre-existing injury. Always call Berg Injury Lawyers if you were involved in a car accident in northern California and have a pre-existing injury. That’s because, in some instances, a pre-existing injury can reduce your total recovery. However, in most instances, a defense team will abuse what is and is not a pre-existing injury to harm your case. In fact, you can bet that if there’s any other injury in your medical record, a defense lawyer or insurance adjuster will try to label it as a “pre-existing injury” and then use it against you.

That’s just not fair. But even if you have a pre-existing injury, that does not mean you have to settle for less.

That’s because many defense lawyers and insurance adjusters will overreach in what they claim is a pre-existing injury to lower what you are entitled to under California law.

But the law is clear on what a pre-existing injury includes, such as:

– Neck or back conditions that cause pain or disability pre-accident that worsens after the accident

– Broken bones or joint injuries before a crash that re-fracture afterward

– Range of motion restrictions before an accident that worsen

– Other injuries that existed when you got in the vehicle before your accident

Contrary to what many defense lawyers will argue, pre-existing injuries are not:

– High school injuries from 20+ years ago

– Broken bones from years ago that fully healed

– Degenerative disc disease that caused no pain or limitations in a crash resulting in a traumatic injury such as a crushed vertebra

– “Old age” in a brain injury case, and

– Other bogus “pre-existing” injuries that are used to lower your recovery.

If you suffered any injuries in a northern California car accident and have already heard the term “pre-existing injuries,” we can help you fight back.