Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? (2024)

FAQs

Can a Pre-Existing Medical Condition Prevent You from Winning Your Personal Injury Lawsuit? ›

Pennsylvania follows the “eggshell plaintiff” doctrine, which means that a defendant takes a plaintiff as they find them. If you have a pre-existing condition that makes you more susceptible to injury, the defendant is still liable for the full extent of the harm caused.

The doctrine states that although an injured party may have pre-existing conditions that make them more vulnerable to injury, this doesn't remove liability from a defendant in any type of court case — including a personal injury claim.

Aggravation of a preexisting injury or aggravation of a preexisting condition is the degree to which an injury or condition that a plaintiff had before an incident that forms the basis of a negligence lawsuit was made worse by the incident that forms the basis of the negligence lawsuit.

A medical illness or injury that you have before you start a new health care plan may be considered a pre-existing condition. Conditions like diabetes, chronic obstructive pulmonary disease (COPD), cancer, and sleep apnea, may be examples of pre-existing health conditions. They tend to be chronic or long-term.

For example, if you hurt your back five years ago and then injure it again recently, that old back injury is considered a preexisting condition. Common examples include recurring injuries to your back, knee, shoulder, or even conditions like heart disease if you've suffered a work-related heart attack.

A pre-existing condition exclusion period limits the number of benefits that an insurer has to provide for specific medical conditions and does not apply to medical benefits afforded by a health insurance policy for other types of care.

Health insurers can no longer charge more or deny coverage to you or your child because of a pre-existing health condition like asthma, diabetes, or cancer, as well as pregnancy. They cannot limit benefits for that condition either.

A serious pre-existing condition is one that may require intensive medical intervention to treat or manage; or have high risk of future complications or recurrence, and therefore may require prolonged treatment.

Most Standard travel medical insurance policies contain what is commonly referred to as a “stability” clause. These clauses require your pre-existing medical conditions to be “stable” for a defined period of time prior to the date you leave on your trip.

An illness or injury experienced before enrollment in a health insurance plan may be considered a pre-existing condition. Pre-existing conditions can include health issues such as cancer, diabetes, lupus, depression, acne, pregnancy, or just about any other health condition you can imagine.

How long is a pre-existing medical condition? ›

It applies to any medical condition that you saw your doctor about the five years before the start date on your health insurance. For example, you might take out a policy and then go and see your GP about some back pain you've been experiencing.

A pre-existing condition is a medical illness or injury that was diagnosed or treated before an accident occurred. Most often, a pre-existing condition refers to chronic or long-term conditions such as arthritis or chronic back pain.

Pre-existing conditions may also include past injuries from which you have healed, such as a broken ankle, a torn ligament or a concussion. Regardless of how trivial you may think a condition is, it falls under pre-existing conditions if you have symptoms for it or have sought treatment for it in the past.

A pre-existing condition should not affect your personal injury claim. If you have a pre-existing condition that worsens or requires new treatment because of a personal injury accident, you should be able to recover compensation for these costs.

Travel insurance companies impose a “look-back period,” which is a specific time frame when a pre-existing condition is considered stable, usually between 60 and 180 days.

Yes. Medicare Advantage (MA) plans won't reject your enrollment if you have a preexisting condition. But since MA plans are offered by private insurance companies, coverage levels and costs can vary from company to company.

A health problem, like asthma, diabetes, or cancer, you had before the date that new health coverage starts.

Time limits

You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.

Having a pre-existing condition may result in paying higher life insurance premiums. However, taking steps to manage your condition, exercise, and lead a healthy lifestyle can improve your condition and make insurers more willing to offer you a policy.

The eggshell-plaintiff doctrine protects the rights of a plaintiff whose pre-existing fragility makes them particularly susceptible to injury. The tort-feasor takes the injured plaintiff as she is found.