What if I already had a health problem?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalAn injury can make an old health problem worse. A claim may cover that added harm. It does not have to be a brand-new problem.
In this guide
Here’s an example
A person had mild back pain before a crash. After the crash, the pain is much worse and limits their work.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
The claim concerns harm caused or worsened by the event. A fair review looks at your health before and after. It should not assume that an old problem caused every new symptom.
Legal references: [1] CACI No. 3927 — Aggravation of a preexisting condition (2026 edition) · [2] Civil Code § 3333 — Compensation for harm
What can change the answer?
It can be hard to split old harm from new harm. You cannot simply add all past health costs to the crash claim.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Sanchez v. Kern Emergency Medical Transportation Corp.
California Court of Appeal · 2017
8 Cal.App.5th 146, p. 168
The court recognized that wrongful conduct can worsen a health condition a person already had.
You still need proof of the added harm and its cause. Prior symptoms are not automatically part of a new claim.
Case applicability reviewed as recorded above.
A useful next step
Tell your care team about your prior health. Keep records from before and after the crash.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- CACI No. 3927 — Aggravation of a preexisting condition (2026 edition) ↗Jury instructions · Review recorded above
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- Sanchez v. Kern Emergency Medical Transportation Corp. (2017) 8 Cal.App.5th 146 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.