When pursuing a personal injury claim in Pennsylvania, prior injuries can significantly complicate the process. Insurance companies and opposing parties may attempt to argue that your previous conditions are responsible for the new injuries, rather than the accident in question. Understanding how these past injuries might affect your claim is crucial to ensuring that you receive fair compensation. At McDonald At Law, we have extensive experience in handling personal injury cases that involve pre-existing conditions, helping clients navigate the complexities of such claims.
The Impact of Prior Injuries on Personal Injury Claims 
In Pennsylvania, personal injury claims are primarily focused on demonstrating that the accident caused new injuries or aggravated pre-existing conditions. However, when you have a history of similar injuries or health conditions, these prior injuries can become a significant factor in your case. Insurance companies and defense attorneys often try to use this history to reduce your compensation or even dismiss your claim altogether.
The presence of prior injuries doesn’t automatically disqualify you from receiving compensation. However, it can influence how the case is handled. If you’ve suffered a similar injury in the past, the opposing party may argue that your current condition is the result of that previous injury, rather than the accident in question. This is why it’s essential to work with an experienced personal injury attorney who can ensure that the full extent of your injuries, including those worsened by the accident, is properly presented.
How Pre-existing Conditions Can Be Used Against You
One of the primary ways in which prior injuries can impact your claim is through the comparative negligence system used in Pennsylvania. Under this system, your compensation may be reduced based on how much your pre-existing injuries contributed to your current condition. If the defense can prove that your past injuries were the primary cause of your pain or disability, they may argue that the accident did not significantly contribute to your current situation.
- Medical Records and Past Injuries: In a personal injury case, the defense will likely request access to your medical records. These records will be scrutinized for any prior injuries or health conditions that might be seen as contributing to your current injuries. It’s essential to understand that while prior injuries are a factor, they don’t necessarily determine the outcome of your case. If the accident aggravated an old injury, you could still receive compensation for the increase in pain and suffering caused by the recent event.
- Injury Exacerbation vs. New Injury: Sometimes, prior injuries can lead to a situation where the new injury is seen as a mere exacerbation of a pre-existing condition. The defense may claim that your prior condition was responsible for the symptoms you are experiencing. For example, if you’ve had a previous back injury, they might argue that your current back pain is a continuation of that earlier issue rather than a result of the recent accident.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
How Prior Injuries Affect Your Compensation
When prior injuries are involved in a personal injury claim, Pennsylvania courts typically follow a comparative negligence model. This means that if your pre-existing condition is deemed to have played a significant role in your current injury, your compensation could be reduced accordingly. However, the key is proving that the accident has made your condition worse.
- Loss of Functionality and Pain: If your prior injuries were aggravated by the accident, you may still be entitled to compensation for the additional pain, suffering, or limitations caused by the exacerbation. Even though you may have had a pre-existing condition, the law recognizes that the accident could still have caused a measurable increase in your pain or functional limitations. A skilled attorney from McDonald At Law will help present medical evidence and expert testimony to demonstrate the true extent of the aggravation caused by the accident.
- Medical Expenses and Treatment: The expenses related to treating your injuries are an important aspect of any personal injury claim. If your prior injury has been aggravated, you may be entitled to compensation for the additional medical care required to address the new pain or suffering. The defense might argue that your treatment is unnecessary or excessive, but with the right evidence, your attorney can show that these medical costs are directly linked to the accident.
- Lost Wages and Future Earning Capacity: One of the most significant financial impacts of an injury is the ability to return to work. If your pre-existing injury was exacerbated by the accident, you could still claim compensation for lost wages or the potential loss of future earning capacity. Even though you may have been limited in the past, the additional limitations caused by the accident could mean you’re unable to work as much, or at all, in the future.
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The Role of Expert Witnesses in Personal Injury Claims
In cases involving prior injuries, expert witnesses can play a crucial role in supporting your claim. Medical experts, vocational experts, and accident reconstruction specialists can provide testimony to demonstrate how the accident aggravated your previous injury or caused new harm.
- Medical Experts: Doctors specializing in the type of injury you sustained can testify about how the accident worsened your prior condition. They can help establish the connection between the accident and your current injuries, ensuring that the opposing party doesn’t dismiss your claim based on your medical history alone.
- Vocational Experts: If your ability to work has been affected by the accident, a vocational expert can assess your ability to return to your previous job or career. This expert will analyze how your prior injuries, along with the new ones, affect your long-term employment prospects. Their testimony can help secure compensation for future lost wages or reduced earning capacity.
Verdicts & Settlements
Why Legal Representation is Essential
When dealing with prior injuries in a personal injury case, it’s essential to have an experienced lawyer who understands how to handle these complexities. An attorney from McDonald At Law will guide you through the legal process and work with medical experts to ensure that your current injuries, as well as their relationship to past injuries, are clearly presented.
- Gathering Medical Evidence: The attorney you choose will help gather the necessary medical records, including those related to your prior injuries, and present them in a way that demonstrates how the accident worsened your condition. Proper documentation is key to proving your case and obtaining fair compensation.
- Negotiating with Insurance Companies: Insurance companies often attempt to reduce payouts when prior injuries are involved. Your lawyer will negotiate on your behalf to ensure that you receive the compensation you deserve, not just for the injuries caused by the accident, but for the aggravation of any pre-existing conditions as well.
- Maximizing Your Claim: A skilled attorney knows how to frame the argument that the accident contributed to your current condition. By presenting medical evidence, expert testimony, and persuasive legal arguments, they can help maximize your claim and ensure that you receive fair compensation.
Prior injuries can complicate a personal injury claim in Pennsylvania, but with the right approach and legal representation, you can still secure the compensation you deserve. If you’ve been involved in an accident and have a history of prior injuries, McDonald At Law is here to help. Our experienced attorneys will ensure that your case is handled with care and that your prior injuries are taken into account in a way that protects your rights. Contact us today for a free consultation and let us help you get the justice you deserve.
To learn more about this subject click here: How to File a Personal Injury Claim After a Bicycle Accident in Pennsylvania
 
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