Our client was involved in a car accident in Virginia Beach, Va that aggravated a prior shoulder injury. The collision occurred when another motorist pulled out from a parking lot directly into the path of our client’s vehicle. The collision caused our client’s shoulder to slam against her driver side door. After the accident, our client began to suffer from intense, chronic shoulder and neck pain (including a reaggravation of her prior shoulder injury). This led our client to re-engage with her medical providers and secure orthopedic treatments, physical therapy and steroid injections to help treat her injuries.
Pre-existing injuries can be difficult to prove in court. Why? Because the insurance company defense lawyer representing the motorist who caused the crash will often point to the prior injury as the culprit for the current pain and suffering. In this case, the auto insurance company defense lawyer argued that, since our client suffered a prior shoulder injury before the accident and she was treating with her same doctors after the accident, her claim of bodily harm proximately caused by the accident was minimal at best.
After many consultations with our client, Kevin Sharp presented a case acknowledging the prior injuries and pain but focused on the increased pain and the impact that pain had on her daily activities. By focusing on these issues, Mr. Sharp was able to convey that, while our client did suffer from minor pain before the accident, she was entitled to recover compensation due to the additional pain she suffered due to the accident. By admitting these prior problems and focusing on her new levels of pain, our client was able to recover $50,000.00 for her injuries.
Background on Case
- Arbitration of Virginia Beach Circuit Court Case
- Amount recovered: $50,000.00
- Attorney: Kevin D. Sharp