When pursuing a personal injury claim in Pennsylvania, the presence of a pre-existing condition can add complexity to the process. Insurance companies and opposing counsel often attempt to use these conditions to minimize payouts, arguing that the injuries sustained in the accident were not caused by the incident. However, having a pre-existing condition does not automatically invalidate your claim. Understanding how these conditions impact personal injury cases is essential to building a strong case and securing fair compensation.

How Pennsylvania Law Views Pre-Existing Conditions

Pennsylvania law adheres to the "eggshell plaintiff" doctrine, which states that a defendant is responsible for the plaintiff's injuries, even if the plaintiff is more susceptible to injury due to a pre-existing condition. In other words:

• If an accident worsens an existing condition, the responsible party can be held liable for the exacerbation.
• Plaintiffs are entitled to compensation for new injuries or the aggravation of prior injuries caused by the incident.

This doctrine protects injured parties from losing compensation due to their medical history, provided there is evidence linking the accident to the exacerbation.

Proving Aggravation of a Pre-Existing Condition

To succeed in a personal injury claim involving a pre-existing condition, plaintiffs must demonstrate that:

1. The accident caused a measurable worsening of the condition.
2. The aggravation directly resulted from the defendant's negligence.

Key evidence to establish this connection includes:

Medical Records: 

Detailed records showing the state of your condition before and after the incident.

Expert Testimony: 

Physicians or specialists can provide an opinion on how the accident aggravated your condition.

Comparative Imaging: 

X-rays, MRIs, or other diagnostic tools taken before and after the accident can visually confirm worsening injuries.

Common Pre-Existing Conditions That May Be Impacted

Some pre-existing conditions frequently arise in personal injury claims, including:

Back and Neck Injuries: 

Pre-existing herniated discs or chronic back pain can be aggravated in car accidents or slip and fall incidents.

Arthritis: 

Joint inflammation may worsen after physical trauma.

Mental Health Disorders: 

Anxiety or PTSD may intensify after a traumatic event.

Previous Fractures or Surgeries: 

Injuries to previously fractured bones or surgical sites are particularly vulnerable to exacerbation.

Strategies Used by Insurance Companies

Insurance companies often try to deny or reduce claims by focusing on pre-existing conditions. Common tactics include:

Blaming the Condition: 

Arguing that your injuries are solely due to the pre-existing condition rather than the accident.

Cherry-Picking Medical Records: 

Highlighting records that suggest long-standing issues while ignoring recent injuries caused by the accident.

Requesting Independent Medical Examinations (IMEs): 

Using their doctors to dispute your claims about the severity of the aggravation.

How to Protect Your Claim

Taking proactive steps can help strengthen your case and mitigate the defense's arguments:

1. Be Transparent About Your Medical History: Concealing a pre-existing condition can undermine your credibility. Honesty ensures your attorney can prepare a strong counterargument.
2. Document Everything: Keep records of medical visits, symptoms, and treatments.
3. Work with a Qualified Attorney: An experienced personal injury lawyer understands how to counter insurance companies' tactics and gather the evidence necessary to prove your claim.
4. Follow Medical Advice: Listening to your doctor's recommendations shows your commitment to recovery and reinforces the legitimacy of your claim.

Pennsylvania Personal Injury Statistics

To understand the prevalence of personal injury claims in Pennsylvania:

• Based on information from the Pennsylvania Department of Transportation (PennDOT), there were over 104,000 reported crashes in 2022, resulting in 61,000 injuries.
• The Centers for Disease Control and Prevention (CDC) estimates that slip and fall incidents account for over 20% of emergency room visits annually in the U.S.

These figures highlight the widespread nature of accidents that can exacerbate pre-existing conditions.

Recoverable Damages in Claims Involving Pre-Existing Conditions

If you successfully prove your case, the damages you may recover include:

• Medical Expenses: Covering costs for treatments related to the aggravated condition.
• Lost Income: Compensation for work you missed due to injury recovery.
• Pain and Suffering: Non-economic damages for physical and emotional distress.
• Future Care Costs: Anticipated expenses for managing the aggravated condition over time.

Why Legal Representation Is Vital

Navigating a personal injury claim involving a pre-existing condition requires skill and expertise. An attorney can:

• Gather compelling evidence to support your case.
• Negotiate aggressively with insurance companies.
• Ensure the eggshell plaintiff doctrine is properly applied to maximize compensation.

Conclusion

A pre-existing condition does not bar you from going after compensation for injuries caused by an accident in Pennsylvania. By understanding your rights under state law, documenting the aggravation of your condition, and working with a skilled attorney, you can protect your claim and secure the compensation you deserve. The key to success is in thorough preparation, transparency, and expert legal representation.

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

Navigating Pennsylvania Personal Injury 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.