When you’re in an accident, the harm you suffer isn’t always entirely new. In fact, many accident victims already suffer from pre-existing conditions, past injuries, or incomplete recovery from old accidents. So, can you be compensated for pre-existing conditions after a Pittsburgh car accident? In many situations, the answer is yes, but it depends on how the injury was affected and how well you can demonstrate that impact.
Pennsylvania law does not bar a victim from filing a car accident claim just because they had a pre-existing condition. However, the extent to which the crash altered that condition is crucial. If you’re dealing with injuries from a crash that predate the incident itself, it’s important to understand your rights and responsibilities when pursuing a claim with an insurance company.
What is a Pre-Existing Condition in a Car Accident Claim?
A pre-existing condition can be any injury, illness, or medical problem you suffered before an accident occurred. This can include an old back injury, prior surgeries, problems with joints, and more. Even conditions like arthritis are possible pre-existing injuries that can come into play after a car accident.
Pre-existing conditions do not necessarily disqualify you from making a claim or seeking compensation. However, they can add an extra layer of complexity. Essentially, insurers and the law care about whether the accident caused you harm. The debate often comes down to determining whether the crash caused a new injury or worsened one that already existed.
Yet, reality often isn’t that simple. Injuries can overlap. Symptoms can change over time. Furthermore, a small issue can rapidly turn into a serious problem as a result of a crash.
Recovering Compensation
In 2024, 110,765 traffic accidents were reported in Pennsylvania. These crashes resulted in 66,950 injuries and 1,127 fatalities. The majority of these collisions require insurance in order to pay for the losses.
In Pennsylvania, even if a person was more susceptible to harm than another, they are still entitled to compensation. If your auto accident aggravated an injury or worsened a pre-existing condition, you may still be able to recover compensation from the at-fault party. In Pennsylvania, the law centers on whether the accident aggravated your existing condition, rather than your overall health before the collision.
Everyone has a different medical background, and your history does not absolve someone else from liability when they injure you.
How Pre-Existing Conditions Affect a Car Accident Claim
Just because you can recover compensation for aggravating a pre-existing condition doesn’t mean that insurance companies will make it easy. Insurers will often review your medical history as part of their investigation into your claim. In numerous instances, insurers might try to assign fault by claiming some of the injury was present prior to the collision. Conflict can arise over issues such as:
- Whether or not the condition was already symptomatic
- How severe the pre-existing condition was prior to the crash
- Whether or not the accident actually caused some sort of measurable deterioration
Documentation can play a particularly important role if you suffer from any form of pre-existing condition. The more information available to establish how the accident impacted your injuries, the better.
The Importance of Medical Evidence
Pre-existing conditions can require a substantial amount of medical evidence to disprove the arguments that an insurance company might bring. Your medical history, including doctor’s notes, imaging results, and past treatments, can serve to establish the starting point of your injury.
From there, it will be important to show how your condition changed after the accident occurred. This is where the timeline can become important. Simply put, any paperwork you can supply indicating the accident made your condition worse will assist.
Ongoing treatment also plays an important role. Continuing to see a doctor and follow their orders will help make sure that you make a full recovery. It also serves to document how the injury impacts you in the future.
Hire a Car Accident Lawyer
Because timing can play a crucial role with pre-existing conditions, some individuals choose to hire a car accident lawyer early on. If you think your medical history will become an issue, you may want to seek legal counsel early in the process.
Early attention to details like documentation, medical treatment, and the specifics of your accident can help preserve important information. This allows you to build a stronger case as your claim progresses. A Pittsburgh car accident attorney can help you in this process.
FAQs
What Happens if Someone With Pre-Existing Conditions Gets Injured in a Car Accident?
If you have a pre-existing condition that is injured further in a motor vehicle accident, the question becomes, did the accident aggravate the condition? Under Pennsylvania law, you can recover for aggravation of previous injuries as well as injuries newly sustained in the accident. Medical records and treatment can help demonstrate the changes caused by the crash and how they impact your everyday life.
What Are the Signs of an Acceptable Settlement Offer?
You know you’ve probably received a good settlement offer when it adequately covers all of your losses. Many times, people consider just out-of-pocket expenses like medical treatment and lost wages. However, a fair settlement should reflect pain and suffering too. Another good sign is when the terms are clearly explained, and you’re given a reasonable deadline to accept. Also, see that everything is consistent with your documented damages.
Can Insurance Companies Refuse to Pay for Pre-Existing Conditions?
Insurance companies will attempt to deny or reduce payment by claiming that injuries were present prior to the accident. They can’t deny your claim outright just because there is a pre-existing condition. If your condition was aggravated by the accident, you may be entitled to compensation. It typically comes down to medical proof of how your condition was altered.
When Should You Not Accept a Settlement Offer?
You probably shouldn’t settle if you are still experiencing pain or injury related to your accident, or if your medical bills aren’t complete. You also should wait if you think you will need future medical treatment. In these cases, accepting a settlement offer could leave you stuck with future expenses. Another reason not to settle is if the offer was made very quickly.
Contact SMT Legal
At SMT Legal, we understand car accident laws and can help you in your case if you had a pre-existing medical condition before your accident. We can assist you on the legal side while you focus on your recovery. Contact us today to get started.
