Q

Get a Free Consultation

(215) 985-0777

    Spam Filter:  

    Q
    Get a Free Consultation

      Spam Filter:  

      Pre-Existing Injuries & Pennsylvania Car Accident Injury Law

      Pre-Existing Injuries in Auto Accidents

      In many Pennsylvania car accident lawsuits, pre-existing injuries will be an issue. A pre-existing injury is any injury that occurred prior to the accident, i.e., old back injuries, knee injuries and even mental health issues. Oftentimes, a recent accident causes a flare-up of an old injury, or can worsen an old injury.

      For example, a Philadelphia resident is injured in a car accident that was caused by another driver. In the accident, the Philly resident suffers neck and back injuries. However, the individual’s neck was previously injured at work a few years back. As a result of the car accident, the neck pain is worsened.

      How Does a Pre-Existing Injury Affect the Lawsuit?

      Whether a pre-existing injury derails a car accident injury lawsuit will depend on the experience and skill of the lawyer. The plaintiff (injured person) in the case cannot make the grave mistake of lying or hiding any of their pre-existing injuries. Doing so would be detrimental to the case, since these types of issues are easily uncovered in prior medical records.

      It’s crucial to deal with the pre-existing injury head on, and present any flare-up or worsening as an aggravation of a prior condition. In other words, because of the current accident, the individual’s old injury was reactivated or worsened in some way.

      The Importance of Medical Evidence (Pre and Post Accident)

      The key to winning a car accident case with a pre-existing injury issue is presenting medical evidence. It’s important to present BOTH pre and post accident medical records, including diagnostic test records, and then differentiate those records.

      Using the example above, let’s say the injured individual received treatment for the old neck injury in 2014 which included an MRI, prescription medications and physical therapy. The MRI showed slight herniations at C 4-5 and 5-6. Treatment lasted about 8 months and concluded in late 2014. Fast forward to the present accident. The latest MRI shows serious herniations at the same discs, in addition to nerve compression. The individual ends up needing multiple injections into the discs and ultimately a cervical discectomy, a surgery where part of the disc that compresses on the nerve is shaved off or removed.

      In this example, it’s pretty clear that the current accident caused a significant worsening of the prior neck condition. By comparing the MRI results from before and after the accident, it’s clear that what were slight herniations in 2014 became more severe and resulted in nerve compression after the car accident.

      Philadelphia, PA Car Accident Law Firm – FREE CONSULTATIONS

      Our law firm handles all types of car accident injury cases across the Philadelphia area including the suburbs. Firm founder Jordan Namerow is a passionate lawyer who works diligently for his clients. Here’s a March 2018 review by a former client:

      “Jordan Namerow is a lawyer who goes above and beyond. I truly appreciated the communication regarding updates about my case and the legal advice that was given. I would highly recommend Jordan Namerow to anyone seeking legal representation on a personal injury case.” – April Green

      Car accident cases accepted in Philadelphia, Delaware County, Montgomery County, and throughout other parts of Pennsylvania and New Jersey.

      FREE CONSULTATIONS (215) 985-0777

      {

      You made the whole process so easy. Not once did I ever think you didn’t have my best interest in mind or even doubted the seriousness of my issue. I felt like I could email you to get an update at any point and you got back to me so quickly.

      {
      5
      L. F.
      {

      Jordan Namerow is a lawyer who goes above and beyond. I would highly recommend him to anyone seeking legal representation on a personal injury case.

      {
      5
      April G.
      {

      I had a fabulous experience using Jordan Namerow as my attorney. He was knowledgeable, personable, honest, responsive, and best of all, easy to talk to. 

      {
      5
      Tara D.
      {

      Jordan is a great lawyer. He is very efficient, loyal and supportive. I would recommend him to anyone. He gets the job done. 

      {
      5
      Terrance M.
      {

      Mr. Jordan Namerow a very good attorney, I would recommend him in a heart beat. The company is good, just good all around. Thank you.

      {
      5
      Kim O.
      {

      I really thank you for helping me with everything, best lawyer ever.

      {
      5
      Pablo D.

      Why Can’t I Sue for Pain and Suffering After a Philadelphia Car Accident if I Have Limited Tort?

      If you were injured in a car accident, you may not be able to sue the at-fault driver because of your insurance policy. If you elected limited tort, you may not sue for pain and suffering damages unless certain exceptions apply. Learn more here.

      What is a UIM claim in Pennsylvania?

      Pennsylvania UIM claims can be filed where a negligent driver didn’t have enough insurance coverage to compensate you for your injuries and damages. But, UIM coverage is optional, and some people don’t purchase it. If you didn’t purchase UIM, you can’t make a claim.

      What Happens When a Philadelphia Driver is in a Car Accident in New Jersey?

      What happens when a Philadelphia resident and driver is injured in a car accident in New Jersey? Are his or her legal rights affected? Does their tort election on their car insurance policies affect their legal rights? See discussion here.

      Talking to Insurance Companies After a Philadelphia, PA Car Accident – Who Should You Talk To?

      By a Philadelphia Car Accident Lawyer Drivers and passengers injured in Philadelphia car accidents may receive financial compensation from the at-fault drivers' insurance company via their liability coverage.  Injured individuals may also think that their medical...

      Recent SEPTA Accident in Philadelphia Injures 42 People

      Early Tuesday morning around 12:15am, a SEPTA Norristown High Speed Line train ran into a parked train inside the 69th Street Transportation Center in Upper Darby.  The parked train did not have passengers; however, 42 people on the train, including the conductor,...