How Prior Injuries Affect a New Personal Injury Claim

The fact is that a prior injury can directly affect a new personal injury claim. It does not, however, bar you from seeking the compensation that you deserve. One of the most important points to make about prior injuries is that the insurance company handling your claim will do everything it can to use the fact of your preexisting condition to its own advantage. Ultimately, your prior injury complicates your claim, which means you need skilled legal representation behind you. Protect your rights by discussing your claim with an experienced personal injury attorney at Mette Law today.

The Eggshell Plaintiff Rule

You can expect the insurance company that handles your claim to build a strong argument based on their position that the pain you’ve suffered is a manifestation of your prior injury. Fortunately, the State of Pennsylvania addresses this position head-on.

Pennsylvania applies the eggshell plaintiff rule. The idea is to protect those who are more susceptible to injury, such as those with preexisting conditions whose negligence has further injured.

There are several primary factors to keep in mind regarding this rule of law.

A Prior Injury Can’t Prevent You from Recovering for Your Losses

The fact that you have a prior injury does not alter the fact that you were harmed by another person’s negligence in an accident. The at-fault party can be held responsible for the physical, financial, and emotional damages resulting from their negligence. This is even though your prior injury left you more vulnerable to serious harm.

Your Personal Injury Claim Represents the Worsening of Your Condition

Your personal injury claim will not address a flare-up of the symptoms you were already living with. Instead, it will reflect an aggravation of your prior condition that causes you to suffer significant losses like the following:

• Related medical costs
• Lost wages
• Physical pain and emotional distress

You’ll Need to Be Transparent about Your Prior Injury

To bring a successful personal injury claim that involves a prior injury, you’ll need to be completely honest about your medical history. This means sharing everything with your seasoned personal injury lawyer. Once they have all the relevant information, they will help strategize the best path forward, given the unique circumstances.

Any attempt to hide or downplay a prior injury will almost certainly backfire. You can count on the insurance company digging up everything they possibly can. And in the process, they’ll use any attempt to sweep a preexisting condition under the rug as a means of diminishing your credibility and weakening your claim.

Make the Call to an Experienced Harrisburg Personal Injury Lawyer Today

Our persuasive Harrisburg personal injury attorneys at Mette Law are well-versed in the intricacies of prior injuries as they relate to new claims, and we have an impressive track record of success. Your claim is too important to leave to chance, so please don’t wait to contact us online or give our firm a call at 717-232-5000 today.