Can I recover damages in a wrongful death case if my loved one had preexisting conditions?

The pain of losing a loved one is immeasurable. When that loss results from someone else's negligent actions, the grief is compounded by anger and frustration. You want to hold the at-fault parties responsible and recover some sense of justice for your family. But what if the insurance company argues that your loved one's preexisting health conditions were really to blame?

While this is a common tactic, our experienced San Diego wrongful death lawyer at The Law Offices of Mark C. Blane knows how to counter these claims and prove the true cause of your loss. We have successfully represented many families in this challenging position, securing the compensation they were entitled to while honoring their loved one's memory. Let us help you obtain the justice you deserve.

What You Must Prove in a Wrongful Death Case in San Diego

California law allows eligible family members to bring a wrongful death claim when negligent, reckless, or intentional acts lead to a preventable loss of life. Unfortunately, at-fault individuals cause tragic deaths in many ways, such as car accidents, truck crashes, motorcycle wrecks, dog bites, and child injury accidents. To win a wrongful death claim, you generally must show:

• The defendant owed your loved one a duty of care.
• They breached that duty through negligent actions or inaction.
• This breach was a substantial factor in causing the death of your family member.
• You suffered damages as a result.

Essentially, you must demonstrate how the defendant's choices led directly to the fatal outcome, regardless of your loved one's prior health status.

What Is Considered a Preexisting Condition in Wrongful Death Cases?

A preexisting condition is any illness, injury, or health problem that existed before the fatal accident or negligent act occurred. This could include a wide range of chronic diseases, previous injuries, congenital disorders, or general health issues. Some common examples are:

• Diabetes, heart disease, cancer, or other long-term illnesses
• Prior neck, back, or joint injuries from an old car accident or fall
• Congenital conditions present since birth
• Mental health disorders such as depression or anxiety
• Degenerative diseases like osteoporosis or dementia

The key is that the health concern was present before the wrongful action that led to your loved one's death, even if it was controlled or asymptomatic.

Can You Pursue a Wrongful Death Claim If Your Family Member Had a Preexisting Condition in California? 

Many people live with chronic illnesses or health problems for years. These preexisting conditions do not give others free rein to act negligently. Under California’s “eggshell plaintiff” rule, individuals and entities are held responsible for compensating a victim’s family when there is a direct connection between their negligent conduct and the victim’s death.

For instance, say your family member had diabetes. While driving, they were hit by a drunk driver and suffered catastrophic injuries. The fact that diabetes may have made it harder for their body to withstand the trauma does not negate the driver's liability for their deliberate, reckless decisions behind the wheel.

How Could the Insurance Company Use a Preexisting Condition Against You?

Insurers often try to avoid liability by shifting blame for causing the accident onto the victim or claiming they aren’t entitled to as much damages as they seek. In wrongful death claims, the insurance companies often try to blame the deceased person's prior health. Our San Diego wrongful death lawyer sees them using these common tactics:

• Claim the preexisting condition caused the death. The insurance adjuster may argue that your loved one's prior health issues were the actual reason for their death, not the negligent actions of the defendant. This is an attempt to escape responsibility for their insured's role in the fatal event.
• Dispute the insured’s negligence. The insurance company may try to minimize or deny the defendant's negligent conduct altogether. They might claim their insured acted reasonably under the circumstances, that your family member caused the incident, or that the death was just an unfortunate accident unrelated to their insured’s choices.
• Argue for reduced damages. Even if the insurer can't entirely avoid liability, they may still try to limit the compensation owed by disputing damages. They could claim the preexisting condition would have shortened your loved one's life anyway, so your financial losses are less than what you’re seeking.

How to Fight Back Against Unfair Insurance Company Tactics If Your Family Member Had a Preexisting Medical Condition

Fortunately, you can fight back if the insurer tries to use your loved one's medical history against you. Here are crucial steps you should take: 

• Hire an attorney. Wrongful death cases involving preexisting conditions can be medically and legally complex. Our skilled San Diego wrongful death lawyer will know how to build a strong case, guide you through the claims process, and advocate fiercely for your family's rights.
• Collect medical evidence. Our attorney will help you gather all pertinent medical records and retain a physician as an expert witness to review and explain them. This can help establish your loved one's health baseline before the negligent act and pinpoint how the defendant's actions led to a fatal outcome.
• Reject low settlement offers. You shouldn’t accept the first settlement offer. It is likely a "lowball" amount that doesn't fully account for the defendant's liability or the extent of your damages. Our lawyer will handle all negotiations and advise when an offer is sufficient. Be prepared to file a lawsuit if the insurance company refuses to agree to a fair payout.

By taking these steps, you can fight back against the insurance company's attempts to use a preexisting condition as an excuse to deny or devalue your valid claim. Your family deserves full and fair compensation for your devastating loss, and our knowledgeable wrongful death attorney will work tirelessly to help you obtain it.

What Damages Can You Recover in a Wrongful Death Case?

While no amount of money can undo your loss, a wrongful death claim can provide critical financial support in a devastating time. Depending on the circumstances, you may be entitled to compensation for:

• Medical expenses related to your loved one's final injury or illness
• Funeral and burial costs
• Lost income and financial support they would have provided
• Loss of their love, companionship, guidance, and emotional support
• Your mental anguish and suffering

How a San Diego Wrongful Death Lawyer Can Help

While the wrongful death claims process can't change the past, it can provide a sense of justice, accountability, and financial security for your family's future. If you suspect someone else's negligence caused your loved one's death, don't let the responsible parties hide behind your family member's health history. 

Proving causation in these cases requires analyzing complex medical evidence and expert testimony. The at-fault party may try to muddy the waters with exaggerated claims about your loved one's past health. You need a strong advocate who can cut through the noise and keep the focus on the evidence that matters.

At The Law Offices of Mark C. Blane, we regularly consult with respected medical and other experts to determine the full extent of the defendant's liability in wrongful death cases. Our dedicated lawyer will meticulously investigate to uncover how their specific negligent acts led to your family member’s fatal outcome, regardless of any preexisting conditions. Our goal is to build the strongest possible case demonstrating the real reason you lost your loved one and why your family deserves to be made whole.