Often, after you've been in a car accident in Pennsylvania, the insurance company will look for ways to oppose your claim. A common approach the insurance company will take is to argue that your injury was "pre-existing" and not caused by the car crash. First, you should know that under Pennsylvania Law, if the car crash caused an aggravation to a pre-existing condition, then you can recover damages. Meaning, if the car crash made a condition worse, that is, aggravated or exacerbated that condition, then you are entitled to a recovery. This would apply to getting reimbursed for medical bills as well as for bodily injury (sometimes also called pain and suffering). Often, the Insurance Company and their lawyers will try cite to "degenerative" conditions on an MRI or Xray. They will say those were pre-existing. Remember, most people have some level of degeneration to their spine due to age. It's normal wear and tear. The key thing is whether you actually had any recent medical treatment or symptoms before the car crash. If there are degenerative changes on film studies, but you had no symptoms or treatment before, then the pre-existing argument is weak and you have a good argument to overcome it. But, sometimes it's not as clear. If you did have medical treatment or symptoms before the crash, even recently before, then you should look to a comparison of before and after. If your symptoms were worse after the crash, and/or the required medical treatment after the crash was more involved (such as specialists, injections, or surgery), then there would be a valid argument that the crash caused at least an aggravation injury to you. Before and after witnesses are also important. If there are eyewitnesses that have witnessed a change in you after the car accident compared to before, then that is strong evidence. So, there are many ways to demonstrate that the insurance company's position is wrong. I have seen the
insurance company arguments many times over the years in my experience as a personal injury lawyer. You really need to make a detailed comparison of your life before and after the crash. "Degenerative" changes are not a decisive factor as the insurance company would try to make you believe. David Schreiber (610) 792-3304 Royersford Limerick PA Personal Injury Lawyer
