Hi. I’m John Medler, personal injury lawyer with The Medler Law Firm – Personal Injury & Accident Attorneys. Many times a person may have had a prior injury or a degenerative condition of their spine and then they’re involved in an accident. Can you still sue? The answer is yes.
Now keep in mind that one of the issues you’re going to have to prove in the case is causation. You’re going to have to prove that the negligent driving of the defendant caused or contributed to cause your injuries. In California, the rule is it must be a substantial factor, but it doesn’t have to be the only factor. So if you had a preexisting condition, for example, and that condition was aggravated or exacerbated by the negligence of the defendants in causing this accident, you still can recover. Now you’re going to have to prove that and an expert is going to be required to show that, but you can still recover. So can you sue if you’ve had a prior injury? Yes, you can.