How Pre-Existing Conditions Affect Personal Injury Settlements in Pennsylvania

Being injured in a car accident is, unfortunately, a common occurrence. An issue that frequently arises in these scenarios involves a driver or passenger whose pre-existing injury is made worse due to the car accident. The compensation available to a car accident victim can be significantly impacted by their pre-existing injuries. 

Anthony C. Gagliano, III, Esquire, P.C. is a Philadelphia car accident attorney who has served clients who have suffered a range of injuries due to the negligence of other drivers. Planning your recovery and car accident case means having a plan for handling circumstances involving a pre-existing injury. 

Before you dive into a car accident claim with insufficient planning, contact Anthony C. Gagliano, III, Esquire, P.C. Our team of legal professionals is prepared to speak to you about the challenges you face and the opportunities available to recover significant damages for your injuries. A free case review is available by reaching out to speak with an experienced Philadelphia car accident attorney today. 

What impact do pre-existing conditions have on Pennsylvania car accidents?

A medical condition, impairment, or chronic condition that existed prior to your car accident is known as a pre-existing condition. A sore back is a pre-existing condition that may be relatively minor. 

On the other hand, a history of multiple back surgeries is a significant, pre-existing condition. This is the sort of medical issue that stands to impact your car accident case profoundly. 

The insurance company for an at-fault driver will attempt to argue that your injuries were not caused by the accident. Rather, your injuries existed prior to the accident and were pre-existing. 

An injury that is pre-existing certainly complicates a car accident case. It may seem unfair for an insurance company to defend itself by using the argument of a pre-existing injury. That said, the burden falls on you as the injured party to differentiate your injuries from the accident from your pre-existing injuries. 

Proving that a pre-existing injury or condition was worsened in a car accident

When it comes to proving that a pre-existing injury was worsened in a car accident, the strength of the evidence is key. The strength of the evidence in your case begins with obtaining medical care after the accident. Even if you do not believe that your injuries from the accident are severe, it is critical for you to seek medical care. This is especially true given that you have a pre-existing condition to be concerned with. The uncertain nature of a pre-existing injury makes follow-up medical care essential to your case. 

A soreness in your back prior to a car accident may become an injury that requires surgery. The key to this discussion is proving these two “phases” of the injury. A Philadelphia car accident attorney knows which evidence can be presented in a way to draw a distinction between the injuries and tie the worsening of the condition to your car accident. 

What sort of impact will a pre-existing injury have on your car accident compensation?

In short, pre-existing conditions can have a tremendous impact on your car accident compensation. Whether it is clear that the accident made worse the condition you suffer from is going to be the key factor to consider. Insurance companies will fight to deny you the compensation you deserve if it is possible to argue that a pre-existing condition is the explanation for the pain you suffered. 

The symptoms of your injury will be looked at closely. A reduction in the amount of compensation offered to you in settlement negotiations is possible if your symptoms are similar to what you experienced prior to the accident. Evidence will determine the strength of your argument for greater compensation. Working with a Philadelphia car accident attorney as well as obtaining proper medical care goes a long way towards helping you recover maximum damages. 

Building a strong car accident case when you have a pre-existing injury

Compensation is difficult to come by in a car accident case involving a pre-existing condition. Insurance companies are adept at identifying potential pre-existing conditions and emphasizing those in both settlement negotiations and in a trial setting. That said, there are methods of presenting evidence that are helpful at overcoming a pre-existing condition argument. 

Be up front with your attorney about any pre-existing condition that you suffer from. Anthony C. Gagliano, III, Esquire, P.C. takes time to speak to his clients at the earliest stage of their case about subjects such as pre-existing conditions. This way, he can learn about the injury as soon as possible. Preparation and intentionality are crucial when building a car accident case involving pre-existing conditions. 

Medical records from before and after the car accident are also critical to the success of your case. Imaging, such as X-rays and MRIs, can pinpoint the nature of your injuries. Any worsening of the condition you suffered from before the accident must be presented in a concise manner. Hoping that an insurance company, judge, or jury simply identifies the change in condition themselves is not realistic. Rather, you must be able to show the difference through diligent preparation. 

What are the important steps in preparing a case involving pre-existing conditions?

Medical treatment plays a major role in a car accident case involving pre-existing conditions. Consider any source of medical treatment you have received prior to the car accident and disclose that information to your Philadelphia car accident attorney. Go back and perform a thorough review of all prior medical providers. 

Next, it may be necessary to obtain medical source opinions from your prior providers. Being able to have consistency in seeing the same doctor both before and after the car accident is a tremendous advantage for an injury victim. This way, the doctor can compare your condition and may be willing to summarize their opinions in a document which can be introduced into evidence in your case. 

Finally, planning out a car accident case involving pre-existing conditions means having a plan. Anthony C. Gagliano, III, Esquire, P.C. works with clients in these situations with regularity. Contact our office today and schedule a free case review with a Philadelphia car accident attorney.