The Impact of Pre-Existing Conditions; Insights from a Harrisburg Personal Injury Lawyer

Related Posts

Santa Rear-Ended Me, Where Can I Sue Him?

According to the United States Census, there are more than 13 million people living in Pennsylvania....
If you have been injured in an accident and already had a pre-existing medical condition, you may be wondering how it will affect your personal injury claim. Insurance companies often use pre-existing conditions as a reason to reduce or deny compensation. However, with the help of a Harrisburg personal injury lawyer, you can still pursue fair compensation for your injuries.

How Pre-Existing Conditions Affect a Personal Injury Claim

A pre-existing condition refers to any medical issue that existed before the accident, such as:
  • Chronic back pain or arthritis
  • Previous surgeries or fractures
  • Degenerative disc disease
  • Heart conditions
  • Traumatic brain injuries from past incidents
While a pre-existing condition does not prevent you from filing a claim, it can make the process more challenging. Insurance companies may argue that your injuries were not caused by the accident but were instead a result of your prior condition. However, under the Eggshell Plaintiff Doctrine, an at-fault party is still responsible for damages, even if the victim was more susceptible to injury due to a pre-existing condition.

The Eggshell Plaintiff Doctrine Explained

The Eggshell Plaintiff Doctrine is a legal principle that protects victims with pre-existing conditions. It states that a defendant cannot avoid liability simply because the injured person was more vulnerable than the average person. If an accident worsens a pre-existing condition, the at-fault party is still responsible for the additional harm caused. For example, if someone with mild arthritis suffers a serious spinal injury in a car crash, the at-fault driver can still be held responsible for exacerbating the victim’s condition. A Harrisburg personal injury lawyer can use medical evidence to prove how the accident worsened the pre-existing condition.

Proving the Impact of an Accident on a Pre-Existing Condition

To successfully claim compensation, you must show that the accident worsened your pre-existing condition. This requires strong evidence, such as:
  • Medical Records Before and After the Accident – Comparing medical reports can show the severity of your condition before and after the accident.
  • Doctor’s Testimony – A medical expert can provide an opinion on how the accident contributed to your current health condition.
  • Diagnostic Tests – X-rays, MRIs, and CT scans can demonstrate the changes in your condition.

How a Harrisburg Personal Injury Lawyer Can Help

Filing a personal injury claim with a pre-existing condition can be complex. A Harrisburg personal injury lawyer from Metzger Wickersham (MWKE) can help in the following ways:

1. Gathering Strong Medical Evidence

Your lawyer will work with medical experts to obtain records and testimony that prove the accident aggravated your pre-existing condition. They will also ensure that medical documentation is clear and consistent.

2. Dealing with Insurance Companies

Insurance companies often try to minimize settlements by blaming injuries on pre-existing conditions. An experienced attorney can counter these arguments and negotiate a fair settlement that accounts for all damages.

3. Calculating the Full Value of Your Claim

Your lawyer will assess all losses, including:
  • Medical expenses (past and future)
  • Lost wages
  • Pain and suffering
  • Reduced quality of life

4. Filing a Lawsuit if Necessary

If an insurance company refuses to offer a fair settlement, your attorney can take the case to court to fight for the compensation you deserve.

Common Types of Personal Injury Claims Affected by Pre-Existing Conditions

Pre-existing conditions can impact various types of personal injury claims, including:
  • Car Accidents – If a crash worsens an old back injury, you may still seek damages.
  • Slip and Fall Accidents – A previous knee injury may be aggravated by a fall on unsafe property.
  • Workplace Accidents – If an injury at work worsens an existing medical issue, you may still qualify for workers’ compensation or a personal injury claim.

Don’t Let a Pre-Existing Condition Prevent You from Seeking Justice

If you’ve been injured in an accident, do not assume that a pre-existing condition will prevent you from recovering compensation. A skilled Harrisburg personal injury lawyer can help you gather evidence, negotiate with insurance companies, and fight for fair compensation.

Contact Metzger Wickersham for a Free Consultation

If you need legal assistance after an accident, Metzger Wickersham (MWKE) is here to help. Our experienced personal injury lawyers in Harrisburg understand how to navigate cases involving pre-existing conditions and will fight to protect your rights. Contact us today for a free consultation and let us help you secure the compensation you deserve.