Does a Pre-Existing Condition Affect Accident Compensation?
If you’ve been in a motorcycle crash or car accident and already had an injury or chronic condition, you might worry it could ruin your case. However, having a pre-existing condition doesn’t automatically disqualify you from getting compensation.
This article breaks down what that means, how to approach your aggravation of a pre-existing condition settlement, and the insurance tactics to watch out for. Our top Allentown motorcycle accident lawyers can help you understand your rights, avoid costly mistakes, and take the right steps toward a fair recovery.
What Is a Pre-Existing Condition?
A pre-existing condition is any health issue or injury you had before a new accident occurred. For example, if you hurt your back while lifting boxes years ago and then hurt it again in a motorcycle crash, that’s a pre-existing condition.
Pre-existing conditions like arthritis, past concussions, or herniated discs often become a major talking point in legal claims. However, that prior injury doesn’t automatically disqualify you from receiving damages, and you may be eligible for a pre-existing injury settlement.
What Is Aggravation of Pre-Existing Injury?
Aggravation of a pre-existing injury happens when a new accident makes an old injury worse. It doesn’t matter if the original injury happened five months ago or five years ago — if the new crash, fall, or collision worsened your condition, you may have a valid legal claim.
For instance, maybe you had a shoulder injury that had mostly healed, but now, after a motorcycle accident, you can’t lift your arm without pain. That’s aggravation.
The key point is that the new event didn’t start from scratch; it added fuel to the fire. You may qualify for an aggravation of a pre-existing condition settlement if a recent accident clearly made your earlier injury more painful, harder to treat, or longer-lasting.
Why Pre-Existing Conditions Complicate Motorcycle Injury Claims
Motorcycle accidents can cause serious injuries, but if you already had a medical condition before the crash, insurance companies may try to use that against you. The insurance adjuster might argue that your current pain or disability isn’t from the accident but from your past medical history.
This can make it harder to prove what the crash really did to your body. It’s not fair, but it’s common.
Strong medical evidence helps show how the accident made things worse. Doctors can help by explaining what changed after the crash and how your symptoms are different now.
This is where a car accident-aggravated pre-existing condition settlement becomes essential. You’re not asking to be paid for an old injury; you’re asking to be fairly compensated for how that injury got worse.
What Is the Eggshell Plaintiff Rule in PA?
The eggshell plaintiff rule, also known by the Latin phrase “talem qualem,” means the defendant must take the injured person as they are, even if they’re more fragile than the average person.
In Pennsylvania, this rule plays a big role in cases involving pre-existing conditions. If you’re more likely to be injured because of a past condition, the person who caused the accident is still responsible for all the harm they caused, even if it’s worse than they expected.
Think of it this way: if someone hits you with their car, they can’t escape blame just because your neck was already sensitive from an old injury. They can still be responsible for making it worse.
This rule is often used to support claims for an aggravation of a pre-existing condition. It ensures you’re not punished for being more vulnerable. It can also protect your right to recover damages in a pre-existing injury settlement, even if someone else’s actions hit you harder than they would’ve hit a healthier person.
Proving the Crash Aggravated Your Pre-Existing Condition
To support an aggravation of a pre-existing condition settlement, clearly show that your condition got worse because of the crash. This starts with medical records from before the accident.
These show what your injury looked like before the crash and can help highlight any changes since the crash. After the crash, doctors may order diagnostic tests like MRIs or CT scans to spot new damage or inflammation. These images can speak volumes when comparing your condition before and after.
In many cases, specialist testimony helps, too. Orthopedic surgeons, neurologists, and trauma doctors can explain how the motorcycle accident worsened your original condition. They’re often key in connecting the dots for a jury or insurance company.
It also helps to keep a pain journal. Note how your symptoms change day-to-day and how they affect your mobility, work, or hobbies like riding. Every piece of documentation strengthens your case and supports a fair settlement for your worsened injuries.
Insurance Company Tactics to Watch For
Insurance companies don’t make their money by handing it out easily, especially when it comes to motorcycle accident claims and the aggravation of pre-existing condition settlements. If you have a pre-existing condition, they may try a few tricky tactics.
First, they might claim your injuries “already existed” and that the accident didn’t cause anything new. Even if your condition has clearly gotten worse, they might push this argument to avoid paying.
An insurer might also ask for full access to your entire medical history, sometimes digging back decades. However, remember that you don’t have to hand over everything — just what’s relevant to the claim.
The insurance company may also offer a quick, low settlement before you’ve even had a proper diagnosis. These fast offers might seem tempting, but they usually don’t cover the full extent of your damages.
The insurance group might also misread or twist your doctor’s notes, using vague language to suggest your condition is unchanged. Additionally, if you don’t have a lawyer, they may pressure you into giving a statement that could hurt your case.
Legal Strategies to Build a Strong Allentown Motorcycle Claim
To build a strong motorcycle injury claim (or an aggravation of a pre-existing condition settlement), start with full transparency. Be honest with your personal injury lawyer in Allentown, PA, about any past injuries, as hiding a condition can backfire if the insurance company discovers it. Your lawyer needs the full picture to fight for your best outcome.
Next, avoid oversharing with insurance adjusters and let your lawyer handle communication. Adjusters are trained to ask leading questions or get you to downplay your injuries. Instead, focus on working with medical experts who can explain how your condition worsened. Their testimony is powerful, especially when combined with imaging scans and pain journals.
In Pennsylvania, you can also use the eggshell plaintiff rule to establish that you can recover damages even if you are more vulnerable due to a past condition. Finally, gather evidence like photos of the crash, statements from witnesses, and accident reconstructions. These can help show what happened and why you’re entitled to compensation.
Common Mistakes That Can Undermine Your Case
Even strong injury claims can fall apart if you make certain mistakes. One common error is not telling your lawyer about a pre-existing condition. If your medical history comes up later in the case, it can hurt your credibility.
Another possible mistake is talking too freely with the insurance adjuster. These conversations are recorded and can be used against you later, even if you were just trying to be polite. (Pennsylvania is a two-party consent state; you can’t record a phone conversation without the other person’s consent.)
Skipping doctor visits or not following medical advice can also damage your claim. It suggests that your injuries aren’t serious or that you’re not taking recovery seriously.
Lastly, posting about the accident or your activities on social media — even something innocent like riding your bike — can be twisted to argue you’re not really hurt. If you’re pursuing an aggravation of a pre-existing condition settlement, every detail matters.
What Damages Can You Recover in Civil Accident Cases?
In a civil accident case, like after a motorcycle crash, you can recover different types of damages. These damages are usually split into two categories: economic and non-economic.
Economic damages include medical bills, lost wages, and any out-of-pocket costs related to the injury. If you need physical therapy, surgery, or even just crutches, that counts. Meanwhile, non-economic damages cover things like pain and suffering, emotional distress, or loss of enjoyment in everyday activities.
If you’re dealing with a worsened medical issue, you can also seek compensation through a car accident-aggravated pre-existing condition settlement. This type of claim includes any extra medical care, longer recovery time, or added pain that came from making an old injury worse.
What Is the Maximum Amount You Can Sue for in Civil Court in Pennsylvania?
In Pennsylvania, there’s no universal dollar limit on how much you can sue for in a personal injury case, including motorcycle accidents. That said, the court you file in matters. If you sue in Lehigh County Magisterial District Court, the limit is $12,000. This court handles small claims and is usually faster and cheaper.
If your damages are higher, as they often are in injury cases, you’d likely file in the Court of Common Pleas, where there’s no maximum limit on how much you can ask for.
The amount you can realistically recover depends on your injuries, how clearly you can prove fault, and the amount of insurance coverage available. If your case involves making a previous injury worse, it’s possible to pursue an aggravation of a pre-existing condition settlement that includes both past and future damages.
Timing and Disclosure: When To Talk About Your Medical History
Many people hesitate to talk about pre-existing injuries, fearing it may weaken their case. However, you should disclose your full medical history to your attorney as early as possible. This allows your legal team to prepare, gather supporting medical records, and show how your current condition is different or worse than it was before the crash.
That being said, this doesn’t mean you need to share everything with the insurance company. A skilled lawyer can help you draw the line between helpful disclosure and oversharing.
Why Local Representation in Allentown, PA Matters
Choosing a local law firm that knows Allentown courts, judges, and insurance practices can give you a major advantage. At Cohen, Feeley, Altemose & Rambo, we’ve been representing injured motorcycle riders and accident victims across the Lehigh Valley for decades.
Our firm has secured numerous favorable verdicts and settlements. We know how to push back against these shady insurance tactics and present strong, local evidence to juries and adjusters.
When you’re pursuing an aggravation of a pre-existing condition settlement, that hometown knowledge and proven success rate matter. We don’t just know the law — we know how to represent and support our clients and neighbors in Allentown.
Don’t Let a Pre-Existing Condition Stop Your Claim
If you’ve been injured in a motorcycle accident, you don’t have to find your way through the legal system on your own. At Cohen, Feeley, Altemose & Rambo, we understand how overwhelming it can be to deal with pain, paperwork, and pushy insurance companies. That’s why we offer free consultations for motorcycle crash victims and their families.
Let our team walk you through your options and help you understand if you’re eligible for an aggravation of a pre-existing condition settlement. We can review your medical records, build a strong case, and fight to get you the compensation you deserve. The sooner you reach out, the sooner we can discuss whether you could have a claim.