You've been managing a chronic health condition for years, but now a car accident has left you with debilitating pain and worsening symptoms. As the medical bills pile up, you wonder if you have any right to compensation, given your pre-crash medical history.
At Dulaney, Lauer & Thomas, our Virginia personal injury lawyers understand the unique challenges car accident victims with preexisting conditions face. We're here to help you through the legal process and fight for the compensation you need to move forward.
Understanding the Eggshell Plaintiff Doctrine
Virginia law recognizes that some accident victims are more susceptible to injury than others. The eggshell plaintiff doctrine, also called the eggshell skull rule, holds that the at-fault party is responsible for all damages caused by their negligence, even if the victim's preexisting condition made their injuries more severe than they would have been for a healthier person.
This means that if a car accident aggravates or exacerbates your preexisting condition, you can still seek compensation for the worsening of your symptoms and any related expenses. However, you must prove that the accident, not your underlying condition alone, caused this aggravation.
Proving Causation and Damages
Establishing the link between the car accident and your worsened condition is crucial to your claim's success. Our Virginia personal injury lawyers work closely with your medical providers to gather evidence showing how the crash exacerbated your symptoms. This may include:
- Medical records documenting your condition before and after the accident
- Expert testimony from specialists who can explain how the trauma worsened your health
- Statements from friends, family, or coworkers who can attest to your diminished abilities post-crash
We'll also carefully document all accident-related damages, including:
- Medical expenses for treating your aggravated condition, including hospital bills, prescription costs, and therapy fees
- Lost income if you're unable to work due to worsening symptoms, as well as any reduced earning capacity for the future
- Pain and suffering caused by the exacerbation of your condition, which can be both physical and emotional in nature
- Diminished quality of life if your abilities are further limited by the crash, affecting your daily activities and relationships
It's important to note that while preexisting conditions can make your claim more complicated, they don't bar you from seeking compensation. An experienced Virginia personal injury lawyer can help you understand the unique aspects of your case and fight for the damages you deserve.
Dealing with Insurance Company Tactics
Insurance companies often try to minimize payouts by arguing that a victim's pain and limitations stem purely from their preexisting condition, not the car accident itself. They may demand an independent medical exam with a doctor they've chosen or request an overly broad release of your medical records.
Our attorneys can help you recognize these tactics and protect your rights. We'll work to ensure the insurance company has only the medical information directly relevant to your claim and that any independent exam is truly objective. If necessary, we'll bring in our own medical experts to dispute the insurance company's arguments and demonstrate the accident's role in your worsened health.
It's crucial not to give a recorded statement or sign any documents from the insurance company without consulting a lawyer. Insurers may use your words against you or get you to accept a lowball settlement before you understand the full extent of your damages. Our team can handle all communication with the insurance company on your behalf, protecting your claim's value.
Case Example: Herniated Disc Aggravation
Imagine you had a herniated disc in your lower back before a rear-end collision. You'd been managing your symptoms with physical therapy and pain medication, but now the pain is unbearable, and your doctor says you need surgery.
In this scenario, our lawyers would gather medical evidence showing that while you had a preexisting condition, it was the car accident that caused your disc herniation to worsen to the point of requiring surgery. We would seek compensation for:
- The cost of your surgery and all related medical expenses
- Your post-surgical rehabilitation and physical therapy costs
- Lost income during your recovery period and any future lost earning capacity
- The pain and suffering you experienced due to the aggravation of your condition
- Any long-term impacts on your quality of life, such as the inability to enjoy activities you once loved
By presenting a clear, evidence-backed case, we can work to secure the compensation you need to address your worsened condition and move forward with your life.
Protecting Your Legal Rights
If you have preexisting conditions worsened by a Virginia car accident, it's crucial to speak with an experienced personal injury lawyer as soon as possible. Our attorneys can help you understand your rights, gather necessary evidence, and advocate for your interests with the insurance company.
Don't let the insurance adjuster convince you that your preexisting condition bars you from seeking the compensation you need to move forward after a crash. At Dulaney, Lauer & Thomas, we'll listen to your story, answer your questions, and discuss how we can help you pursue justice.