Hire a Former Insurance Defense Attorney and Tip the Scales in Your Favor. – Free Consultation.
When filing a personal injury claim in California, one of the first questions insurance companies and defense attorneys will ask is: “Did you already have this injury before the accident?”
Your past medical history—including pre-existing conditions, chronic pain, old injuries, and even past prescriptions—becomes a focal point in your case. It can either be used against you or strategically framed to support your claim. At Goharzad Law, I leverage my background in insurance defense to protect clients from common defense tactics.
Insurance companies dig deep into your history to look for any alternative explanations for your injuries. If they can argue that your pain and suffering existed before the incident, they’ll try to reduce or deny your personal injury compensation.
This includes common injuries like:
Back and neck pain (disc herniations, bulges)
Joint issues (knee, shoulder, hip injuries)
Headaches and migraines
Soft tissue injuries
My job is to clearly prove causation: that your current symptoms were caused—or significantly worsened—by the accident.
California recognizes the “eggshell plaintiff” rule. This legal doctrine holds that a negligent party must take a person as they find them—even if they’re more physically vulnerable than the average person.
That means if your accident exacerbated a pre-existing condition, you are still entitled to damages under California personal injury law.
Highlighting “degenerative” findings on MRIs or X-rays
Misrepresenting prior pain complaints as chronic or disabling
Claiming a “gap in treatment” proves you weren’t really hurt
Using prior personal injury claims to allege fraud or exaggeration
Don’t let these tactics intimidate you. Goharzad Law has handled countless cases with complex medical backgrounds—and we know how to beat them.
Being proactive is key. Here’s what I recommend:
Tell your lawyer everything about your medical past—don’t hide or minimize anything.
Be consistent in what you tell doctors, especially in intake forms and initial consultations.
Document your symptoms clearly and consistently, from day one through recovery.
Highlight the difference in your day-to-day functionality before and after the injury.
With over 15 years of experience—including over a decade defending insurance claims—I understand exactly how these cases are built and attacked. I use your medical history to build your case, not weaken it.
I work with treating physicians and medical experts to:
Explain the impact of the injury on your pre-existing conditions
Clarify the difference between chronic and acute injuries
Demonstrate how your quality of life has changed
If you’re worried your medical history will hurt your California personal injury claim, you’re exactly the kind of client we’re built to help.
Call Goharzad Law today at (888) 457-7797 or schedule a free consultation. Let’s talk about your story—before the insurance company tries to rewrite it.
