Pre-Existing Medical Conditions Effect on an Injury Claim

When it comes to personal injury claims, pre-existing medical conditions can play a significant role. If you’ve been injured in an accident and are dealing with a pre-existing condition, it’s essential to understand how this might impact your case. Working in a law firm for a personal injury attorney with over ten years of experience practicing in York, Pennsylvania, we’ve seen firsthand how these factors are considered. Let's get into the details of how pre-existing medical conditions can affect your injury claim under Pennsylvania law.

Understanding Pre-Existing Conditions

Pre-existing conditions refer to any health issues you had before the accident occurred. These conditions can be chronic, like arthritis or diabetes, or they can be the result of previous injuries, such as a past back injury. When you file a personal injury claim, the defendant’s insurance company will undoubtedly scrutinize your medical history to determine whether your injuries are new or an exacerbation of an existing condition. They'll use this information to either minimize or deny your claim, which makes it essential to have a comprehensive understanding of your medical history. Accurate and thorough documentation of your pre-existing conditions is crucial to proving your case.

The Eggshell Skull Rule

Pennsylvania law follows the "eggshell skull" rule, which states that a defendant must take the plaintiff as they find them. In other words, even if your injuries are more severe because of a pre-existing condition, the defendant is still responsible for the full extent of the harm caused. This rule is crucial for plaintiffs with pre-existing conditions, as it provides a measure of protection against arguments that your injuries are solely due to your prior health issues. It means that the focus remains on the impact of the defendant's actions rather than your medical background. This principle underscores the importance of proper legal representation in such cases.

Aggravation of Pre-Existing Conditions

To successfully claim compensation, you need to demonstrate that the accident aggravated your pre-existing condition. This can be challenging, but it’s not impossible with the right evidence. Medical records are your most critical asset. They should show a clear distinction between your condition before and after the accident. Working with a knowledgeable personal injury attorney can help you gather and present this evidence effectively. We'll also coordinate with your healthcare providers to secure detailed medical reports that support your claim. A well-documented medical history and a clear timeline of your condition's progression are vital components of a strong case.

The Role of Medical Experts

Medical experts play a vital role in personal injury cases involving pre-existing conditions. They can provide professional opinions on how the accident affected your health and whether it worsened your pre-existing condition. In Pennsylvania, these experts often include doctors who have treated you before and after the accident, as well as independent medical examiners. 

Their testimonies can be pivotal in establishing the connection between the accident and the exacerbation of your condition. Having their professional insights strengthens your case and can counteract the defense's arguments. Expert testimonies can clarify complicated medical issues, making them understandable for the court.

Common Pre-Existing Conditions in Personal Injury Claims

Certain pre-existing conditions frequently come up in personal injury claims. They may include:

• Back and Neck Injuries: Previous injuries to the spine or neck can be easily aggravated by accidents, leading to more severe pain and limitations. Chronic back pain or prior surgeries can make these injuries even more debilitating. Effective treatment and rehabilitation become crucial in such scenarios.

• Joint Problems: Conditions like arthritis or previous joint injuries can become significantly worse after an accident, impacting mobility and quality of life. An exacerbated joint condition can require extensive medical intervention, including surgeries or prolonged therapy. This often leads to increased medical expenses and time off work.

• Mental Health Conditions: Psychological conditions, such as anxiety or depression, can be exacerbated by the trauma of an accident, affecting your overall well-being. The stress and emotional impact of the accident can significantly worsen these conditions. Therapy and medication may become necessary to manage the increased symptoms.

Challenges in Claiming Compensation

Insurance companies often try to minimize payouts by attributing injuries to pre-existing conditions rather than the accident. They may argue that your current pain and suffering are due to your prior health issues. This is where having an experienced personal injury attorney is invaluable. We counter these arguments with solid evidence and expert testimony, helping you receive the compensation you deserve for the aggravation of your condition. Additionally, we prepare you for potential tactics used by insurance companies to undermine your claim. Thorough preparation and a strong legal strategy are essential in overcoming these challenges.

The Impact on Settlement Amounts

Pre-existing conditions can complicate settlement negotiations. The insurance company may offer a lower amount, claiming that your injuries aren't entirely due to the accident. However, with a strong legal strategy and thorough documentation, we can push for a fair settlement that reflects the true impact of the accident on your health. 

It’s important to remember that the goal is to compensate for the worsening of your condition, not for the pre-existing condition itself. Every detail of your medical history and the accident's impact will be meticulously examined to secure a just settlement. An experienced personal injury attorney can advocate effectively on your behalf, securing a fair outcome. This approach guarantees that your unique situation is fully understood and addressed in the settlement process.

Why Legal Representation Is Crucial

Dealing with a pre-existing medical condition while pursuing a personal injury claim can be challenging, but it’s not insurmountable. Filing a personal injury claim with a pre-existing condition requires a thorough understanding of both medical and legal issues. Our personal injury attorney has over a decade of experience. He’s guided many clients through this process, protecting their rights and helping them receive fair compensation. Our firm, based in York, Pennsylvania, is dedicated to defending the rights of residents who have been injured due to someone else’s negligence. 

Whether it’s meeting with a client in jail, standing by them in the courtroom, or discussing a case with prosecutors or police, our commitment to meticulous preparation and straightforward communication remains steadfast. We understand the intricacies of personal injury law in Pennsylvania and are here to support you every step of the way. Our goal is to provide comprehensive legal assistance that addresses all aspects of your case. From the initial consultation to the final resolution, we are committed to securing the best possible outcome for our clients.

Speak With a Personal Injury Lawyer

Dealing with a pre-existing medical condition while pursuing a personal injury claim can be challenging, but it’s not insurmountable. By understanding your rights under Pennsylvania law and working with an experienced personal injury attorney, you can handle these issues effectively. Remember, the eggshell skull rule protects you, and with the right legal support, you can receive compensation that reflects the true extent of your injuries. If you’re facing this situation, don’t hesitate to seek professional legal advice to secure the best possible outcome for your case. 

Our firm is ready to assist you with dedication and expertise. We are here to see that justice is served and you receive the compensation you rightfully deserve. If you’ve been injured or need criminal defense counsel regarding drug crimes, DUIs, or assault, reach out to us at Korey Leslie, Attorney-At-Law, A Limited Liability Company. We're located in York, Pennsylvania, and also serve Lancaster, Harrisburg, and Camp Hill.