A pre-existing medical condition can add complexity to a slip and fall accident claim, allowing insurance companies to dispute the cause or extent of your injuries. They may argue that your symptoms stem from your prior condition rather than the accident itself, using this as a basis to reduce or deny California slip and fall settlement amounts.
At Salamati Law, we have extensive experience handling complex slip and fall accident claims in Los Angeles, CA, and surrounding areas. Our record of success, including numerous multi-million dollar settlements and verdicts, is a testament to our legal skill and dedication to our clients. If you need to file a personal injury claim with a pre-existing condition, our Los Angeles slip and fall lawyers are here to provide strong, aggressive advocacy. Schedule a free consultation today.
Understanding Slip and Falls and Pre-Existing Conditions
In Los Angeles slip and fall cases, pre-existing medical conditions often become a central point of dispute. Insurance companies may argue that your injuries were not caused by the fall but resulted from an earlier condition, using this as a basis to reduce or deny compensation.
However, California’s personal injury law protects victims whose medical conditions worsened due to a new incident—a principle known as the “eggshell plaintiff” rule. It means a defendant is still liable for the full extent of harm caused, even if the victim was more vulnerable due to a pre-existing issue.
An experienced Los Angeles personal injury attorney can build a compelling case by distinguishing between your current injuries and past medical issues, often with the support of medical experts. Proper documentation and a strategic legal approach are also essential to ensure that insurance companies cannot unfairly minimize your settlement amount.
Common Insurance Tactics to Reduce or Deny Compensation
Insurance companies often look for ways to limit their financial liability, especially when a claimant has a history of medical issues. Here are some of the most common strategies insurance companies use:
- Blaming All Injuries on Pre-Existing Conditions. Insurers may claim that your current symptoms are solely the result of a previous injury or chronic condition, not the recent accident. This tactic shifts responsibility away from the negligent party.
- Downplaying the Severity of the New Injury. Even if they acknowledge that a new injury occurred, insurers might argue that it’s minor and unrelated to your reported pain, using your medical history to suggest you’re exaggerating your condition.
- Demanding Excessive Medical Records. Insurers may request decades of your medical history in an attempt to find anything that could be used to undermine your claim, even if it’s irrelevant to the injury sustained in the accident.
- Misinterpreting Medical Evidence. Medical records can be taken out of context to suggest that your injuries existed before the incident, even when there’s clear documentation that the condition worsened because of the accident.
- Pressuring You to Settle Quickly. Knowing you may be dealing with medical bills or time off work, insurers may push for a quick settlement before the full extent of your injuries, especially how they’ve aggravated pre-existing conditions, is known.
- Using Surveillance to Discredit You. Insurers sometimes conduct surveillance to capture moments where you’re active, then argue that your behavior contradicts your injury claims, even if those moments are brief and not representative of your condition.
How to Prove Your Slip and Fall Worsened an Existing Condition
Proving your slip and fall worsened a pre-existing condition includes the following:
Medical Documentation
Success in slip and fall claims involving pre-existing conditions hinges on clear and credible medical evidence. You must show that the accident aggravated your prior condition, not simply that the condition existed. It requires a detailed comparison of your health before and after the incident.
Key forms of evidence include:
- Medical records documenting your condition before the fall
- Diagnostic imaging or test results showing changes after the incident
- Treatment notes indicating increased symptoms
- Physician testimony linking the aggravation to the accident
For instance, if you had chronic back pain before the fall and now experience heightened pain and reduced mobility, those changes must be medically substantiated. Both pre- and post-accident treatment records are critical to establishing causation and the extent of damages.
Expert Testimony
In slip and fall cases involving a pre-existing condition, expert testimony is often essential to distinguish between the condition’s natural progression and injury-related aggravation. These distinctions can be complex and medically nuanced, requiring professional interpretation beyond the scope of lay opinion.
A qualified medical expert can objectively analyze the plaintiff’s pre- and post-incident records, identify measurable changes, and offer a professional opinion on whether the fall exacerbated the existing condition. Courts give significant weight to this neutral, scientifically grounded testimony when determining causation and calculating damages. Such evidence strengthens the credibility of the claim and helps ensure that compensation accurately reflects the harm suffered.
Showing Clear Causation
In a slip and fall case with a pre-existing condition, it is insufficient to prove that the condition worsened; the plaintiff must show that the defendant’s negligence directly caused the aggravation. This legal requirement—known as causation—is a critical element in any personal injury claim.
Defense attorneys often argue that the plaintiff’s symptoms are merely the result of the natural progression of an existing condition. To counter this, an experienced personal injury attorney can present compelling evidence such as changes in treatment protocols, increased reliance on medication, new functional limitations, or documented work absences due to the injury. Demonstrating a clear link between the incident and the deterioration in health is essential to securing compensation.
Why Hiring a Lawyer Can Help Maximize Your Settlement
When dealing with the aftermath of a slip and fall accident, especially one complicated by a pre-existing condition, having an experienced slip and fall lawyer can make a significant difference in the outcome of your settlement.
Insurance companies often aim to minimize payouts, using tactics that exploit legal loopholes or cast doubt on the extent of your injuries. A skilled attorney knows how to anticipate these strategies and counter them with strong, well-documented evidence.
A lawyer can help gather crucial medical records, coordinate expert testimony, and construct a compelling narrative that clearly establishes causation and damages. They also manage deadlines, filings, and negotiations, ensuring that your case complies with legal procedures while keeping pressure on the insurer to offer a fair settlement.
In many cases, legal representation not only levels the playing field—it also leads to higher compensation than victims typically secure on their own.
Get Started With a Free Legal Consultation at Salamati Law
If you have sustained serious slip and fall injuries with a pre-existing condition due to a property owner’s negligence, you need the services of an experienced Los Angeles slip and fall lawyer. For almost 30 years, Sean Salamati has protected the rights of his clients and fought so that they won maximum compensation for their losses. Schedule a free, no-obligation consultation today.
Because we work on a contingency basis, you pay no fee unless you receive compensation. While most slip and fall cases are resolved in settlement negotiations, we will take your case to court if necessary. Our team will ensure you are prepared. Se Habla Español.
