Legal Question in Personal Injury in California

I am not positive what your prior question was and my response [if I was the one who responded], since your new question does not provide that information.

California law is that the responsible party is liable for any new injuries and for the aggravation [increase] of any old injuriles. One takes the fplaintiff as they are a split second before the accident. They are responsible for any health care treatment, examinations, etc. you have because of the aggravation, along with wage loss, vehicle damage, increased pain and loss of body function, etc. The problem is trying to sort out what is from the old injury and what from the new one. Their insurnce company will try to argue that aside from may be a few doctor visits you quickly returned to your pre-accident condition. The exact nature and location of your prior ilnjuries, when it occurred, what your Dr. says as to apportionment, the level of pain before the accident, how long you had not had any problems, etc., will all be important.

When you next see you treating Dr. find out what his opinion is and if it is favorable to your position have him write a short note to that effect and send it to the insurance company wilth a letter stating this is part of a settlement demand [that they pay the amounts already known and indicate what they are accepting liability for] so nothing in it including the Dr's note can be used as evidence if from the letter alone. They will get the letter when they subpoenae his medical records.

Whether you will need an attorney depends on what the value of your case is.

Yes, that's true. HOWEVER, the defense insurance company WILL fight you over it! I cannot stress this strongly enough: the insurance company will claim that your treatment is not an aggravation. They will say that your treatment was caused by the prior condition. I have plenty of experience with this kind of "pre-existing vs. aggravation" battle, and very often the whole mess lands up in court for a jury to decide. You should sit down with an attorney to go over your medical records in person. The consultation is free, so call today and set up a time: 877-LION-FOR-LAW.

The person who rear-ended you is responsible for any and all injuries caused by the accident, including aggravation of your pre-existing conditions. Virtually every one over the age of 20 will have some type of degenerative disc disease that may have gone unnoticed. Frequently the trauma causes aggravation and the pain manifests itself. The defendants and insurance companies always try to argue that the complaint is the result of 'pre-existing degenerative condition' rather than the accident. A knowledgeable lawyer can always overcome this bogus assertion. Make sure you get your treatment at a reputable facility and document all of your complaints in detail. Lastly, get a competent lawyer so your rights are fully protected.

If you have further questions, please feel free to email me.

Good luck