After being in an accident, the last thing you want is to have to worry about whether or not you will be able to seek treatment for your injuries. Many people call us wondering if they have a claim if they have been in an accident that exacerbates a pre-existing injury.
This can complicate a personal injury claim because the well-established rule is that you receive compensation for damages from your accident, however this does not includebut the other party is not necessarily responsible for injuries that were present prior to the accident. Luckily, Virginia law deems you are entitled to recover for the extent that the accident aggravates or exacerbates your pre-existing condition. The other driver must “take you as they find you” and it cannot be held against you if you were injured worse due to a pre-existing condition that you may have had prior to the accident. of the aggravation, however you cannot recover for the pre-existing condition or injury itself. You can prove that the level of functioning for your injured body part was at a specific level prior to the accident and after the accident has been differentchanged in nature or intensity.
This is where it is extremely important to get your doctor’s opinion on causation. A doctor must state in writing that in their professional opinion the accident aggravated your preexisting condition. Many insurance companies will try to intimidate you and make you think that you will not have a successful claim if you had a pre-existing condition at the time of your accident. This is why it is important to hire an attorney.
Our experienced personal injury attorneys at ReidGoodwin are here to help you if you have been injured in an accident through no fault of your own, call us at 804-415-7800 for a free consultation today.