Will My Preexisting Condition Affect My Virginia Car Accident Claim?

After a serious Virginia car accident, you will probably find yourself overwhelmed by medical issues, pain, and car repairs. Dealing with these issues is challenging under the best of circumstances. If you have a preexisting medical condition that was worsened by your accident, however, these issues can be even harder to manage. 

So, how do preexisting conditions affect a Virginia car accident claim?

Which Preexisting Conditions Might Impact My Virginia Car Accident Claim?

A preexisting condition is any medical condition or problem that you were diagnosed with prior to the accident. Certain preexisting conditions, such as diabetes or cancer, will probably not be impacted by a car crash, no matter how severe. There are many other conditions that can be made worse by an accident, such as:  

  • Neck Injuries
  • Back Injuries
  • Traumatic brain injuries
  • Arthritis
  • Concussions
  • Osteoporosis
  • Carpal Tunnel Syndrome
  • Various mental health issues, like anxiety or post-traumatic stress disorder  

If you have a preexisting medical condition that was worsened by a Virginia car accident, reach out to the Hampton personal injury lawyers at Shapiro, Washburn & Sharp as soon as possible. 

What is the Eggshell Plaintiff Doctrine?

In some instances, the sudden impact of a collision can exacerbate a pre-existing condition. For example, if you have a bad back and are involved in a rear-end crash, the sudden, unexpected jolt could aggravate your current condition.  

Virginia, like many other states, follows the Eggshell Plaintiff Doctrine. This rule is designed to ensure that accident victims with preexisting conditions are still able to pursue damages through a personal injury claim. The doctrine holds that the plaintiff is entitled to full financial compensation even though their pre-existing condition caused them to endure more serious injuries.  

In court, if a judge or jury learns that the plaintiff had a preexisting condition that was worsened by an injury caused by the defendant, the plaintiff should be awarded full damages for those symptoms. 

Do Insurance Providers Deny Liability for Preexisting Injuries?

Hampton, VA brain injury attorney

Insurance carriers routinely try to deny liability to victims by citing preexisting conditions. Insurers think they can get away with making lowball settlement offers to car accident victims who already had health issues. 

If you were injured in a Virginia car accident and have a preexisting condition, it is essential that you speak with an attorney. Our experienced Hampton car accident lawyers will make sure that the insurance carrier does not take advantage of you simply because of a preexisting condition. 

How Long Should I Wait to Call an Attorney After a Virginia Car Accident?

After a car accident, victims need to be aware of the statute of limitations on personal injury cases in Virginia. The statute of limitations is the amount of time you have after an accident to bring a lawsuit and can vary depending on the circumstances of your injury and accident. Although there are some exceptions, Virginia has a two-year statute of limitations on personal injury claims that begins on the day of your accident.  

The longer you wait to speak with a lawyer, the greater the chance that the statute of limitations will lapse. If this happens, you will forfeit your right to file a suit and collect any compensation for your injuries and other damages. Working with our respected car accident lawyers will ensure that you do not miss any important deadlines and that your case is properly prepared. It will also guarantee that your case can be thoroughly investigated before evidence is lost and witnesses’ memories fade.

Talk with a Hampton Car Accident Lawyer Today

If you are considering filing a Virginia personal injury claim and have questions regarding how your preexisting medical condition will affect your case, reach out to the Hampton car accident team at Shapiro, Washburn & Sharp, by calling (833) 997-1774 or through the contact form on our website. We will examine the circumstances surrounding your accident and the severity of your injuries to determine if you have a legitimate case. If so, we will outline the most practical approach to securing you the financial compensation you are entitled to. 

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