Am I entitled to Personal Injury damages for an aggravation of an pre-existing condition or injury?

In Pennsylvania, if you had an existing condition which is aggravated due to an accident, then you are entitled to recover damages.

For example, you had a previous back condition for which you had medical treatment. You are rear-ended in a car accident and now your back is much worse. Pennsylvania law says that you have a valid claim for any aggravation of a condition caused by the negligence of the at-fault driver. So, the insurance company for the other driver will be responsible to reimburse you for the aggravation injury.

If your injury claim were to go to a jury trial, the Judge would refer to the Pennsylvania Standard Civil Jury Instructions when giving instructions to the Jur. "Aggravation" of a pre-existing condition has its own jury instruction. It is:

If you find that the Plaintiff did have a pre[-]existing condition that was aggravated by the Defendant's negligence, the Defendant is responsible for any aggravation caused by the accident.