The Impact of Pre-Existing Conditions on Personal Injury Claims in Pennsylvania
When pursuing a personal injury claim in Pennsylvania, one of the key factors that can influence the outcome is the presence of pre-existing conditions. These are medical issues or injuries that existed before the incident that led to the personal injury claim. Understanding how these pre-existing conditions impact the legal process and potential compensation is essential for claimants.
In Pennsylvania, the legal system acknowledges that personal injury claims seek to compensate individuals for damages suffered due to someone else's negligence. However, if a claimant has a pre-existing condition, it is crucial to demonstrate how the incident exacerbated the condition or led to new injuries. This is known as the "eggshell plaintiff" rule, which states that a defendant is liable for the plaintiff's injuries, even if they are more severe than what would typically be expected due to the plaintiff's prior health issues.
One of the primary challenges with pre-existing conditions in personal injury claims is proving causation. Claimants need to show that their current medical issues are a direct result of the accident rather than from prior health problems. This often requires extensive medical documentation and expert testimony. Medical records, diagnostic tests, and physician statements can play a crucial role in establishing the link between the incident and the exacerbation of a pre-existing condition.
Insurance companies often scrutinize claims involving pre-existing conditions closely. They may attempt to minimize liability by arguing that the injuries claimed are a continuation of old problems rather than a result of the recent accident. This is why having experienced personal injury lawyers is essential. They can negotiate with insurers and ensure that the claimant's rights are protected.
Furthermore, Pennsylvania follows a modified comparative fault rule. This means that if a claimant is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For individuals with pre-existing conditions, the defense may attempt to argue that some of the health issues were pre-existing and not a result of the accident. This is a strategic move that highlights the importance of comprehensive legal representation.
In calculating damages, courts take into account both economic and non-economic factors. Economic damages may include medical expenses, lost wages, and rehabilitation costs, while non-economic damages focus on pain, suffering, and emotional distress. In cases involving pre-existing conditions, attorneys need to effectively argue for the full value of damages endured due to the exacerbation of the claimant's medical problems.
Ultimately, the impact of pre-existing conditions on personal injury claims in Pennsylvania is significant. Claimants must be diligent in gathering evidence, documenting their medical history, and understanding their legal rights. Having a knowledgeable attorney can make a substantial difference in navigating these complexities and securing a fair settlement or judgment.