Understanding How to Document and Pursue Compensation for Exacerbation of Pre-Existing Injuries After a Car Accident in Pennsylvania
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Pennsylvania attorney for advice about your specific situation.
Detailed Answer
1. Seek Immediate and Ongoing Medical Attention
After any car collision, prioritize your health. Even if your prior injury flares up slowly, see a doctor within 24–48 hours. Explain that you have a pre-existing condition and describe any new or worsened symptoms. Documenting early medical treatment creates a clear link between the crash and your exacerbation.
2. Preserve and Collect Comprehensive Medical Records
Ask each provider for detailed records, including:
- Initial emergency or urgent care reports
- Imaging studies (X-rays, MRIs, CT scans)
- Physical therapy and specialist notes
- Prescription history and pain management logs
Keep copies of every invoice and report. Your medical file will show your baseline condition and the degree of worsening.
3. Maintain a Pain and Functional Limitations Journal
Record daily entries that note:
- Pain levels on a 1–10 scale
- Restricted activities (e.g., inability to lift objects or sit for long periods)
- Medication dosage and side effects
- Emotional and sleep disturbances caused by increased pain
This contemporaneous evidence strengthens your claim under Pennsylvania’s “eggshell plaintiff” doctrine, which holds that a defendant takes a victim with all pre-existing vulnerabilities (Durham v. McEwen, 540 A.2d 36 (Pa. 1988)).
4. Provide Timely Notice to the Insurer
Under 75 Pa.C.S. § 1712 (Uninsured/Underinsured Motorist Coverage), report the accident to your insurer promptly—usually within 7 to 14 days. Failure to comply with your policy’s notice requirement may jeopardize coverage.
5. Establish Liability and Calculate Damages
To prove negligence, you must show:
- Duty: Every driver owes a duty to operate safely.
- Breach: The other driver violated traffic laws or acted recklessly.
- Causation: The breach caused your injuries to worsen.
- Damages: You suffered quantifiable losses (medical bills, lost wages, pain and suffering).
Pennsylvania follows a modified comparative negligence rule: if you are more than 50% at fault, you cannot recover damages. (42 Pa.C.S. § 7102).
6. Mind the Statute of Limitations
File your personal injury lawsuit within two years of the accident date. See 42 Pa.C.S. § 5524 (Statute of Limitations for Personal Injury). Missing this deadline typically bars your claim forever.
7. Use Expert Testimony if Needed
For significant or complex exacerbations, you may need medical experts, vocational specialists, or life-care planners to testify about:
- Pre-accident functional baseline
- Extent of aggravation caused by the crash
- Projected future treatment and costs
Helpful Hints
- Schedule follow-up exams even if you feel better to track long-term effects.
- Take date-stamped photos of visible injuries or adaptive devices (e.g., braces).
- Keep a folder—paper or digital—for all accident-related documents.
- Obtain a copy of the police report and document witness contact information.
- Review settlement offers with an attorney before accepting to ensure full compensation.