Even if the plaintiff has a pre-existing condition, he/she may still be able to claim for damages if the defendant is liable for the present injury that might have aggravated the plaintiff’s previous condition (see California Civil Jury Instructions 3927).  This means that it should be proven that the act or neglect of the defendant is the “proximate cause” of the injury or aggravation to the injury, that if it had not been for such act or neglect, no injury would have occurred.


Injuries that may have aggravated a pre-existing condition could make it a little bit more challenging to claim for damages. There may also be a need for expert testimonies to prove that the present injury made a previous condition worse. That’s why one should work with a lawyer who is an expert in personal injury cases for more information and to be properly represented.

What our customers have to say about Hogan Injury experience

This Law firm was tremendously helpful! Every question that I had was answered with honesty and integrity. Shannon Gram, San Jose
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