The general rule in Pennsylvania is: if you are injured by someone else’s negligence you may have a claim against the negligent party. But what if you had a pre-existing injury, and it got worse after the incident?
In any negligence claim you will need to prove the following:
- You were owed a duty of care;
- That duty was breached;
- The breach caused your injury; and
- You suffered damages as a result.
If you have a pre-existing condition that is aggravated by someone else’s negligence,, the defendant may claim that your damages are a result of that condition, and not the incident at hand. As the plaintiff, it will be up to you to prove that your condition was aggravated by the accident.
If the jury finds that your pre-existing condition was aggravated by the defendant, the defendant will be responsible, and you can be awarded damages for all injuries caused, even if those injuries were more severe than could have been foreseen due to the pre-existing condition.
How can I prove the accident made a pre-existing injury worse?
The defendant has to take the plaintiff as you are. Just because you have ongoing issues doesn’t mean you’re not entitled to recover if you’re injured due to someone else’s negligence. An experienced personal injury lawyer can help you navigate the legal system to make sure you get the recovery you deserve.
Evidence that could help support your case includes:
- Expert testimony from a doctor.
- Evidence of medical treatment from both before and after the accident.
- Eyewitnesses – people who knew you before and after the accident who can testify about physical abilities appearing worse after the accident.
- Plaintiff testimony – you can testify about your health before and after the accident. Your testimony can be evidence.
Could the bad guys from Home Alone recover damages?
To understand this better, let’s look at Home Alone, the classic tale of 8-year-old Kevin McAllister who has to protect his home against burglars when he is accidentally left home alone during Christmas vacation. Kevin plants all kinds of booby traps for the would-be thieves, Harry and Marv, who suffer all kinds of injuries as a result.
In our scenario Harry is suing the McCallisters because he suffered a traumatic brain injury (TBI) when a swinging paint can hit him in the face. Let’s assume that the McCallisters owed Harry a duty of care. Even though he is trespassing, a property owner can’t intentionally inflict injury on a trespasser, and Kevin did intentionally harm them [1]. So they owed a duty of care, Kevin breached that duty, and Harry was injured as a result. But the McCallisters’ insurance company discovered that Harry had suffered a concussion in the past, and they are claiming his current symptoms are due to that, and not to the injury inflicted by Kevin.
How could Harry show his injuries are due to the latest injury, not his pre-existing condition?
- He could present expert testimony from a doctor, and medical records showing his condition both before and after the injury.
- He could have Marv, or other witnesses, testify about what he was able to do before the accident and after.
- Harry could testify himself about how his health changed after that day at the McCallisters’ house.
Premises liability cases can be complex, and if yours involves a pre-existing condition, it is imperative to have an experienced attorney to protect your rights. Contact Aversa & Linn for guidance about how to proceed with your claim.
1. Kevin as an 8 year old won’t be held responsible, but his parents (for purposes of this blog) could be held responsible.
