When an Accident Reinjures a Preexisting Condition | Shapiro, Washburn & Sharp

What happens to victims of accidents if they already have a preexisting medical condition? It is not uncommon for a crash or slip and fall incident to aggravate a preexisting condition a victim has, but will this affect their ability to successfully pursue a personal injury claim against the party responsible for the crash?

Personal Injury Claim

A preexisting condition does not prevent a victim from filing an injury claim against the party responsible for the accident that injured them. It is important to realize, however, that these types of claims are usually more complex than claims without preexisting conditions. Working with a Virginia personal injury attorney can increase your chance of success in receiving the compensation you deserve instead of attempting to navigate through the claim process on your own.

The first step after an accident is determining if you have a claim. If the accident you were in caused your preexisting condition that had healed to become reinjured, or if the accident caused the preexisting condition to flare up, you have the right to file a personal injury claim against the at-fault party.

It is very likely that the insurance company of the party you filed the claim against will dispute the claim and fight against you receiving any compensation for the injury. Your Virginia accident attorney will advocate for you against the insurance company’s refusal to pay. He or she will make sure that all the medical evidence available with shows that the new injury was caused by the accident and not because the condition already existed. An experienced attorney will be skilled at blocking the tactics insurance companies use to fight these types of claims.

It is critical that a victim not sign any time of authorization for the other party’s insurance company to gain access to their medical records. Your attorney will provide any records they feel the insurance company needs while protecting your best interests. It is also critical to make sure you inform your attorney of all current and past medical conditions or issues you may have had.

Contact a Virginia Injury Attorney

If you have been a victim of an accident caused by someone else’s negligence, contact a professional Virginia Beach personal injury attorney to find out how we can help. We have successfully represented many victims who have been injured in obtaining the financial damages they were entitled to. We can assist clients who have been injured in vehicle accidents, medical malpractice incidents, premises liability, defective products, and more.