Personal Injury: Pre-existing vs Predisposed

I’ve been a lawyer for about 25 years now, I practice in Los Angeles and I’m here to offer legal advice to anything any kind of question you might have.  I work with my from my law firm, Legal Eagles  and I will answer anything any question you when you contact today.
I hear all the time that people have lawyers and their lawyers say, “Okay, well you know, I have a court date on such-date, I’m busy, and I can’t get back to you,” and they end up not getting back to them.  Instead of that,  I’m making myself available to you right now so you can ask any question concerning your case.
Today I want to talk about two terms that are used in a personal injury because we do a lot of personal injury work, and I have a client that this really pertains to.  The two terms are pre-existing and predisposed.


When somebody is hurt in an accident and they have no injury whatsoever before the accident, then it’s pretty easy to tell if they have an injury after the accident.  What that cause of the accident was (eg in the car) seems like a common sense, but it gets a little trickier when a client has an injury to the same parts of their body that are claiming work injured is this particular accident.
Because they have an injury before the accident, the defendant of the insurance companies say that this injury was pre-existing in previous to the accident and just because they were in this accident, they’re trying to use that fact to their advantage and say that the injury came from the accident.


There is another term that is used and that’s called predisposed.  Predispose means that: if there was an injury before the accident and now you get into an accident, the fact that there was an injury before the accident actually weakens that area that was hurt, and therefore it takes less of a force to actually injure that person.
So let me give you an example.  Let’s say you have two trucks and both trucks get hit from behind, and they both get hit with the same force. Now you open the trunk, and one trunk has a bunch of eggs. The other truck has a bunch of steel and nothing happened to the steel because the steel is rich enough to withstand that kind of force, but if you open the back of the trunk with the eggs in it, the eggs are going to be broken because an egg does not take a lot of force to break.  That’s the kind of concept that I’m explaining here.
I represent people who basically don’t have a voice, and I also represent people and non discrimination cases, medical malpractice cases, and anywhere where I have to stick up for the little guy.
For some, I take their cases on a contingency fee which means that if they don’t win, they don’t pay me anything.  If they win in court, only then do I get a fee. This setup also makes it very affordable for them to have access to an attorney so they don’t have to reach into their pocket and pay me anything up front.