When pursuing compensation after a car accident in Pennsylvania, individuals with pre-existing medical conditions may encounter unique challenges. While insurers may try to minimize their liability by pointing to prior injuries or health issues, state laws are designed to protect accident victims—even those with existing conditions. Here’s an in-depth look at how pre-existing conditions can impact a car accident claim and the steps you should take to make sure you get a fair outcome.

What Are Pre-Existing Conditions in Personal Injury Claims?

A pre-existing condition refers to any injury or health issue a person had before the accident occurred. Common examples include:

• Back or neck injuries, such as herniated discs
• Arthritis or joint problems
• Fractures that had not fully healed
• Chronic illnesses like diabetes or fibromyalgia

Although these conditions existed prior to the crash, they can still play a significant role in your claim. Pennsylvania law does not disqualify accident victims from seeking compensation simply because they have pre-existing health issues. Instead, the focus shifts to whether the accident aggravated the condition.

How Pennsylvania Law Protects Accident Victims with Pre-Existing Conditions

Under Pennsylvania’s personal injury laws, individuals are entitled to compensation for injuries that are exacerbated by an accident. This is governed by the eggshell plaintiff rule, a legal doctrine that requires defendants to take plaintiffs “as they find them.” In other words, if an accident worsens an existing condition, the at-fault party is still liable for the increased harm.

For instance, if you have a pre-existing back injury and the collision caused additional damage or pain, the defendant may be held responsible for the aggravation of your condition. This rule ensures that vulnerable individuals are not penalized simply because of their medical history.

Proving Aggravation of a Pre-Existing Condition

One of the most important elements in these cases is demonstrating that the car accident worsened your condition. This can be challenging, as insurance companies often attempt to argue that your injuries are unrelated to the crash. To counter this, you will need to establish clear evidence of the following:

Your medical history prior to the accident.

Documenting the state of your condition before the collision is essential. This includes obtaining records from previous treatments or diagnoses.

How the accident affected your condition.

Medical reports and expert opinions are very important in demonstrating the difference between your health before and after the incident. A physician may need to detail how the collision directly caused further harm or pain.

The extent of the aggravation.

It’s vital to clearly outline how your symptoms or limitations worsened as a direct result of the crash.

Tips for Strengthening Your Case

When dealing with a pre-existing condition in a car accident claim, it’s essential to take specific steps to ensure your case is as strong as possible:

#1 Be honest about your medical history.

Concealing pre-existing conditions can harm your credibility. Disclose your medical background to your attorney and medical providers upfront.

#2 Seek immediate medical attention.

After the accident, consult a doctor promptly, even if you don’t feel severely injured. Early documentation of your injuries and any changes in your condition will be critical.

#3 Obtain detailed medical documentation.

Your medical records before and after the crash will be one of the most important pieces of evidence. Ensure that they clearly reflect the worsening of your condition.

#4 Work with medical and legal experts.

Medical professionals can provide insights and expert testimony to validate your claim, while an experienced attorney can navigate legal hurdles and negotiate with insurance companies.

#5 Avoid gaps in treatment.

Consistent treatment demonstrates the seriousness of your condition. Gaps in medical care may be used by insurers to suggest that your injuries are not as severe as claimed.

Pennsylvania’s Modified Comparative Negligence Rule

It’s also important to understand Pennsylvania’s modified comparative negligence system. Under this rule, your compensation may be lowered if you are found partially at fault for the accident. For instance, if you were 20% responsible for the crash, your settlement would be reduced by that same percentage. However, if you are more than 50% at fault, you may be barred from recovering damages entirely.

While this rule does not directly address pre-existing conditions, insurance companies may try to use it to dispute the extent of your injuries or claim that your damages stemmed from your prior condition rather than the accident.

Car Accident Statistics in Pennsylvania

To understand the broader landscape of car accident claims, consider recent data from the Pennsylvania Department of Transportation (PennDOT). In 2022, the state reported:

• Over 104,000 traffic accidents, resulting in approximately 61,000 injuries and 1,100 fatalities.
• The majority of accidents involved passenger vehicles, with a significant number of injuries reported.

These numbers highlight the frequency of car accidents and the importance of seeking proper compensation for injuries, especially when pre-existing conditions are involved.

Why Pre-Existing Conditions Shouldn’t Deter You

Having a pre-existing condition should not discourage you from pursuing a car accident claim. Pennsylvania law recognizes the rights of accident victims to receive compensation for aggravated injuries. By working closely with legal and medical experts and gathering strong evidence, you will build a strong case to hold the responsible person accountable.

Conclusion

Although pre-existing conditions can complicate the claims process, they do not prevent you from recovering damages after a car accident in Pennsylvania. By following the appropriate steps and leveraging the protections provided by the eggshell plaintiff rule, you can seek compensation for the aggravation of your injuries. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.