A collision can instantly change your life, and if you’re already managing a prior injury, the road ahead might feel even more uncertain. Pursuing a car accident aggravated pre-existing condition settlement often triggers aggressive pushback from insurance companies, who view your past medical history as a loophole to avoid paying what you’re truly owed.
We know the tactics they use, and we know how to fight back. At Glotzer & Leib, we build strong cases that clearly show how a crash worsened an existing condition, because your past shouldn’t be used to discount your future.
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Yes. In California, having a prior injury does not automatically disqualify you from receiving compensation. In fact, if the car accident worsened an existing condition or caused new symptoms to flare up, the at-fault party may still be held responsible for your damages. The key legal question becomes whether the accident caused an aggravation of your condition, and that distinction matters significantly in determining liability.
A pre-existing condition refers to any medical issue or injury you had before the accident. This can range from chronic back pain to old fractures, arthritis, or even mental health conditions like PTSD.
California law does not require your body to be in perfect health to claim damages. Courts recognize that some individuals are more vulnerable to injury than others. As long as the accident worsened your condition or delayed recovery, it could justify a legal claim.
Some of the most common pre-existing medical issues we see in personal injury claims include:
These conditions can all be aggravated by the force and trauma of a car accident, even if the initial injury happened years earlier.
Insurance adjusters often try to minimize payouts by blaming your symptoms on your past injuries. That’s where we come in. Our legal team knows how to demonstrate that the accident directly caused a worsening of your condition, not just a recurrence of prior issues.
In California, the standard is not whether you were in perfect health before the incident, but whether the crash exacerbated your injuries. Medical records, testimony from your doctor, and expert evaluations can all help prove this point.
At Glotzer & Leib, LLP, we believe every injury victim deserves experienced, dedicated representation, without being treated like just another case. With decades of experience and a track record of seven-figure results, we take on powerful insurance companies and fight for those whose lives have been disrupted by serious motor vehicle accident, a workplace injury, or any type of personal injury claim. You’re not just a case to us, you’re our priority.
The “eggshell plaintiff” rule, legally known as the eggshell skull doctrine, states that defendants must take the victim as they find them. In other words, if someone has a pre-existing condition that makes them more susceptible to injury, the at-fault party is still liable for the full extent of the harm caused.
This principle applies even when the resulting injuries are more severe than a healthier person might have experienced. This rule strengthens your ability to pursue full compensation even with a known health history.
Legally, aggravation refers to worsening an injury or condition that existed before the car accident. It can include increased pain, reduced mobility, additional treatments, or a longer recovery timeline. Importantly, you are not required to prove that the accident caused the original injury — only that it worsened things.
If you’re dealing with a flare-up or worsening of a prior condition after a crash, here’s what we recommend:
A car accident aggravated pre-existing condition settlement can include compensation for:
We aim to demonstrate that the accident directly caused or increased these costs, not simply part of your prior medical history.
Only Pay If You Win
While you can still recover compensation, your settlement may be scrutinized more heavily if insurers believe the injury was unrelated to the crash. They may argue:
We counter these arguments by showing a clear timeline of deterioration and securing documentation that ties your post-accident condition to the trauma.
California law supports this strategy through the California Civil Jury Instructions (CACI) — specifically, CACI No. 3927- explaining that damages should reflect the extent to which the incident aggravated a pre-existing condition.
Under California law, most personal injury claims must be filed within two years from the date of the accident. According to the California Courts Self-Help Center, missing this deadline can result in your case being dismissed.
However, exceptions may apply in cases involving delayed discovery of the injury or where a minor is involved. The sooner we build your claim, the better your chances of preserving key evidence and meeting the statutory deadline.
Insurance companies don’t make it easy when your injuries are tied to a prior condition, but that doesn’t mean your claim isn’t valid. We’ve helped clients throughout California show the real impact an accident had on their health and lives. Let Glotzer & Leib help you move forward. Call 747-241-8288 or visit 1023 N Hollywood Way Suite 202, Burbank, CA 91505 for trusted legal guidance.
We settled a car accident case in 2025 for $500,000.00 on a case where the negligent party’s insurance initially offered the client $0 and denied fault. We came into the case, had video taken from the car which showed the other party was at fault. Client had pre-existing back and knee issues that were made worse by the accident. We were able to obtain a fair resolution after months of negotiations with the insurance company.
Joshua W. Glotzer is a Super Lawyers-recognized personal injury attorney and Managing Partner at Glotzer & Leib, LLP. With over 25 years of experience and multiple seven-figure recoveries, he handles complex cases involving car accidents, slip and falls, and elder abuse. Known for his personalized, results-driven approach, Glotzer ensures every client receives the skilled representation they deserve.
“Mr. Glotzer represented me after I was involved in a car accident. I was badly injured,but the insurance company refused to offer me a reasonable settlement. I decided to find an attorney and decided to hire Josh.
His law firm did a great job on my case. They were very responsive to all my questions and obtained a great resolution for me. I received way more money than was originally offered. I would recommend their firm to friends and family.”
“Mr. Josh Glotzer is a great attorney. Over the last 15 years he has helped me on a number of cases with professionalism, and more importantly a positive outcome in my favor. I have referred him to a number of friends and colleagues, all of which have been equally as happy with his legal representation. I trust him and confident in legal ability. I highly recommend his law firm.”
“Don’t try to deal with insurance companies on your own. They strung me along for almost two years before I gave the case to Glotzer & Leib. Josh and his team quickly obtained a settlement that netted me many times what the insurance company was offering. Thank You!”
“My wife was in a car accident last year and Josh did an amazing job representing her. It’s very refreshing to see someone in his profession that actually cares and puts his clients first. He’s the best in the business and I feel so fortunate that I was referred to him. Keep up the great work and thanks for everything you did for my family!”
“I was in a rear end car accident last year and hired Mr. Glotzer’s office. It wasn’t a big case but their office helped me with my property damage claim and did a good job resolving the injury portion of the case as well.”
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