An injury or illness that occurs prior to an insurance claim or personal injury lawsuit in Pennsylvania is referred to as a pre-existing condition. Having a pre-existing injury can restrict the amount of money an insurance company will pay out or what a jury will award in a lawsuit, making it crucial for an accident victim to disclose all relevant information. Specifically, insurance companies will often claim that any injuries or damage a claimant suffers is due to the patient’s pre-existing condition instead of the accident in question.
A personal injury attorney is essential if there is any chance that your insurance claim may be denied due to a pre-existing condition. The Pennsylvania injury lawyers at Rubin, Glickman, Steinberg, & Gifford help victims with pre-existing conditions obtain maximum compensation. As for now, here is some valuable information on pre-existing conditions, laws, and insurance, which you should find helpful as your situation progresses.
Understanding Pre-Existing Conditions in Car Accident Claims
A pre-existing condition refers to any medical condition or injury that existed before a car accident occurred. This can include chronic illnesses, prior injuries, or any health-related conditions present before the incident. Pre-existing conditions can complicate car accident claims, as insurance companies often attempt to attribute the injuries to the pre-existing condition rather than the accident itself.
In Pennsylvania, the Eggshell Plaintiff Rule (also known as the Eggshell Skull Rule) provides crucial protection for individuals with pre-existing conditions. This rule holds defendants liable for any aggravation of pre-existing conditions caused by their negligent or wrongful conduct. Essentially, it means that defendants are responsible for the full extent of the losses, even if they are more severe than what would typically be expected. This legal doctrine ensures that accident victims receive fair compensation, regardless of their prior health status.
Pre-existing Conditions: Why You Need to Disclose Them
If someone has been injured in an accident, they should always be honest with their injury attorney about any preexisting conditions. Providing a thorough medical history is essential to ensure that all pre-existing conditions are disclosed and properly documented. A victim’s chances of obtaining a fair settlement can be diminished without adequate disclosure of these conditions.
It is essential to disclose injuries, particularly when a new injury affects the same areas or presents similar complications as an old injury; otherwise, a claim may be compromised. Victims are advised to disclose all pre-existing injuries and to work with doctors to establish the extent to which the accident aggravated them.
During accident investigations, insurance adjusters or opposing attorneys may conduct additional investigations of a claimant with no prior history of injuries or complaints. As a result, an insurer may deny a subsequent claim based on the member’s prior injuries and claims history.
Is It Safe to Hide a Pre-Existing Condition?
Providing the insurance company with the truth about your medical condition before the accident may aid a favorable legal result as well as enhance your chances of getting a fair settlement. Disclosing your pre-existing conditions is crucial when filing a car accident injury claim to ensure that you receive fair compensation. However, denying or hiding a past condition can set one up for failure, and court sanctions may result from the failure to disclose the condition.
What Is the Eggshell Plaintiff Rule?
People with pre-existing health conditions are usually more vulnerable to car accident-related injuries. This rule is particularly important in a personal injury claim, where pre-existing conditions may complicate the process of seeking compensation. However, no victim is any less entitled to compensation because of that.
According to the eggshell plaintiff rule, defendants cannot rely on the plaintiff’s prior injury conditions to dismiss their liability. In other words, the doctrine ensures that plaintiffs who suffer damages caused by someone else’s negligence receive adequate compensation regardless of their health. In the event that the pre-existing condition made the plaintiff more susceptible to more extreme injuries than would usually result in an accident, the defendant is still liable for the entirety of the damages the plaintiff has sustained.
Insurers instruct their adjusters to assert any and all previous injuries as a way to reduce their financial liability. Clearly describing the conditions you have prior to and after an accident is crucial so that you can be appropriately treated and compensated.
Medical Records Are Vital in Car Accident Claims
Even though they can make injury claims more difficult, pre-existing conditions may actually give a better insight into what happened at the time of the accident. In personal injury claims, pre-existing conditions can complicate the process, making it essential to have thorough medical records. There is no right or wrong way to measure how someone has suffered a subsequent injury, but judges, juries, and attorneys can use prior injuries as one approach. The important thing is for an injury attorney to work with your doctors to provide honest, objective documentation.
Obtaining medical records is also crucial to negotiating a settlement or winning a lawsuit. Medical experts can provide their professional opinions and give their insights regarding the cause of your injuries, the medical treatment for which you want to be compensated, and the likelihood that you would need more treatment in the future. When you become permanently disabled because of an injury, medical records can serve as proof of your impairment. These medical records can be used by personal injury attorneys to establish how the accident aggravated a victim’s health problems and to what extent.
Impact of Pre-Existing Conditions on Compensation
Having a pre-existing condition can indeed make it more challenging to file a successful car accident claim. Insurance companies may be quick to refuse coverage for medical expenses, arguing that the injuries are merely a continuation of the pre-existing condition. However, if you can demonstrate that the car accident caused new injuries and additional losses, you may still be eligible for compensation.
To hold the other party liable, you must establish that their negligence directly caused your injuries. This involves proving a breach of duty of care and showing that the accident was the direct and proximate cause of your injuries. Insurance companies often try to minimize claims by asserting that the injuries are related to the original condition. A skilled personal injury lawyer can help you gather the necessary evidence to show that the accident resulted in new injuries and losses, thereby strengthening your claim.
Next Steps After a Car Accident
If you have been involved in a car accident and have a pre-existing condition, it is essential to take the following steps:
- Seek medical attention immediately: Even if your symptoms seem minor, it is crucial to get medical attention right away. This will help establish a clear record of your injuries and any aggravation of your pre-existing condition.
- Keep thorough medical records: Keeping detailed medical records is essential for recovering losses. Make sure to document all your medical appointments, treatments, and medications.
- Contact a car accident lawyer: A lawyer is essential for filing a claim against your own insurance or another party’s insurance. An attorney will help gather evidence to show the accident aggravated your pre-existing condition.
- Avoid giving recorded statements: Insurance companies may request recorded statements to process claims. However, it is essential to be cautious when providing recorded statements, as they can be used against you.
- Be honest and upfront about your pre-existing condition: It is crucial to be honest and upfront about your pre-existing condition when filing a claim. Failing to disclose this information can lead to denied or undervalued claims.
By taking these steps, you can increase your chances of receiving compensation for your losses, even if you have a pre-existing condition.
Contact a Pennsylvania Car Accident Lawyer for Guidance
Successfully pursuing an injury claim requires an understanding of how they work. If you have ongoing and previous medical conditions that were made worse by your recent injury, a qualified accident lawyer can help you seek compensation for your losses, even if you have pre-existing conditions. A qualified accident lawyer can help you build a stronger case to help obtain compensation for your losses.
If you or a loved one was injured in a personal injury accident, do not attempt to navigate the challenges of the Pennsylvania legal system on your own. Get the help you need from an experienced PA injury attorney. Contact Rubin, Glickman, Steinberg & Gifford today to schedule an initial consultation by calling 215-822-7575 or completing an online contact form. Let us put our 65 years of experience to work for you and help you pursue the full and fair financial compensation you deserve.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
