Motorcycle Accident Claims: The Impact of Pre-existing Conditions

When it comes to motorcycle accident claims, pre-existing conditions often add an extra layer of complexity. Insurance companies might attempt to use these conditions to minimize or deny claims. Here, we explore the impact of pre-existing conditions on motorcycle accident claims in Los Angeles, California.

Understanding Pre-existing Conditions

Definition and Examples

Pre-existing conditions are medical ailments, injuries, or illnesses that a person had before the motorcycle accident. These can range from prior physical injuries, like a broken bone, to chronic conditions like diabetes or heart disease.

Insurance Companies and Pre-existing Conditions

The “Eggshell Plaintiff” Doctrine

California law acknowledges the ‘eggshell plaintiff’ doctrine. This principle states that defendants must take plaintiffs “as they find them.” In other words, if a motorcycle accident aggravates your pre-existing condition, the at-fault party is responsible for the full extent of the aggravation.

Insurance Tactics

Despite this principle, insurance companies often use pre-existing conditions to argue that your injuries were not entirely caused by the accident. They might attempt to minimize their financial responsibility by attributing your injuries to your prior health condition.

The Role of Medical Documentation

Proving Aggravation of Pre-existing Conditions

Strong medical documentation is crucial to prove that the accident aggravated your pre-existing condition. Regular medical check-ups before and after the accident can provide comparative data to demonstrate the accident’s impact on your health.

How an Attorney Can Help

Legal Guidance

A skilled motorcycle accident attorney like Derek Devermont can help you navigate these complexities. He can guide you through gathering the right medical documentation and help you understand how your pre-existing conditions may impact your claim.

Negotiations with Insurance Companies

Experienced attorneys know how insurance companies operate and can challenge their tactics effectively. They can negotiate assertively on your behalf, aiming to secure fair compensation for your injuries and the aggravation of your pre-existing conditions.

Conclusion

While pre-existing conditions can complicate a motorcycle accident claim, remember that you have legal rights. By engaging a competent attorney like Derek Devermont and arming yourself with robust medical documentation, you can make a strong case for the compensation you deserve.