# What if I already had a health problem?

Canonical: https://californiapersonalinjurylaws.com/guides/preexisting-condition/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

An 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.

## Hypothetical example

A person had mild back pain before a crash. After the crash, the pain is much worse and limits their work.

## 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.

## 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.

## A useful next step

Tell your care team about your prior health. Keep records from before and after the crash.

## Court decisions behind this answer

### Sanchez v. Kern Emergency Medical Transportation Corp. (2017)

8 Cal.App.5th 146, p. 168. The court recognized that wrongful conduct can worsen a health condition a person already had.

Limit: You still need proof of the added harm and its cause. Prior symptoms are not automatically part of a new claim.

Source: https://www.courtlistener.com/opinion/4345597/sanchez-v-kern-emergency-medical-transportation-corp/

## Sources

- [CACI No. 3927 — Aggravation of a preexisting condition (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.)
- [Sanchez v. Kern Emergency Medical Transportation Corp. (2017) 8 Cal.App.5th 146](https://www.courtlistener.com/opinion/4345597/sanchez-v-kern-emergency-medical-transportation-corp/)

General information, not legal advice.