It’s hard to imagine anyone getting through life without the occasional bump, bruise, or sprain.
Everyone seems to have a story about a broken bone from playing sports in school or the occasional back pain from overexertion. Those would all be considered a pre-existing injury. Depending on how long it has been since you had the injury and the severity of it, that injury could be exacerbated in an accident.
The bad back you got from lifting boxes during your move last year might flare up again when you’re involved in a rear-end collision. Does that mean you wouldn’t be eligible to seek compensation for physical therapy for the new pain?
Pre-existing injuries can complicate a potential personal injury claim but they shouldn’t prevent you from seeking compensation. It just means you need to build a strong case with the support of a skilled Philadelphia personal injury attorney.
Your attorney will be in the best position to provide guidance on how you should proceed with your claim and how to overcome some of the potential obstacles with pre-existing injuries. The following are some of the factors you’ll need to consider.
Full Disclosure
If you are taken to the emergency room or to your doctor to treat an injury associated with an accident, you will have to provide a medical history. Some of that history might be irrelevant to your current injury, but you still have to share that information with your doctors so they can get a complete picture of how to treat you.
You have to make that same kind of full disclosure to the insurance company that you’re filing a claim against.
Most likely, that insurance company will be the at-fault driver’s carrier, and they’ll look for any excuse to deny your claim and a pre-existing injury that you’ve kept hidden can provide them with the justification for the denial.
Separating the Old Injury From the New Injury
It can be difficult to determine which pain is accident pain and which pain is from a pre-existing injury. This is when you need accurate medical records and testimony to detail both aspects of the pain. It is possible that the accident will make the pain worse and sets back the recovery from the pre-existing injury. There needs to be a remedy for that.
The “Eggshell Plaintiff” Rule
It has long been accepted in Pennsylvania that courts and insurance companies follow the “eggshell doctrine.” Essentially, this means that even if you have a pre-existing condition that makes you more susceptible to injury, the at-fault driver can still be held liable for any harm they cause you as a result of their negligence.
For instance, suppose you’ve been diagnosed with brittle bones. You get into an accident and break your arm. It wasn’t because of the brittle bones; it was because of the accident.
Insurance Company Scrutiny
Insurance companies owe it to their policy holder to thoroughly scrutinize any claim. Their goal is to minimize the amount they pay out or deny the claim altogether.
Even though you’re disclosing your pre-existing injury (as you should), the insurance carrier will try to use that to diminish the extent of your actual pain and suffering.
More Involved Negotiation
An insurance claim involving a pre-existing condition typically requires more nuanced negotiations between your attorney and the insurance carrier. It will require your attorney to present a strong case based not only on the evidence of the accident and who is liable but also on all your medical history records.
Civil Complaint
If the insurance company balks at paying a reasonable settlement, your attorney might advise you to file a civil complaint. That requires taking the at-fault driver and their insurance company to trial in a personal injury lawsuit. The issue of your pre-existing injury will certainly come up.
However, this is a good opportunity for you to describe to the jury exactly what the nature of your injury was before the accident and how the accident made it worse.
Your attorney will have you fully prepared to provide that testimony. They will also work with you to make sure you’re ready to answer any questions from the defense side. If you get to a trial, you only have to tell your story honestly.
Working With an Attorney to Meet Filing Deadlines
You also have to consider any filing deadlines with your claim. Pennsylvania law allows you two years from the date of the accident to file a civil complaint. Going through the process of first filing a claim with an insurance company is going to take up a lot of that time.
That’s why you want to work with personal injury attorneys like the ones you’ll find at Shrager, Sachs, & Blanco. We know the importance of finding a fast resolution not only for the filing deadlines but also for your peace of mind.
We can help sort through the evidence and tap into our network of medical experts to help support your claim. You won’t be able to move on and focus on getting your life back on track until the claim issue is resolved.
Don’t let your pre-existing keep you from getting what you deserve.
