Personal Injury Lawyer Virginia Beach
You’ve been living with chronic back pain for years. You take steps to manage it, including daily exercises, position changes, cushions, and proper footwear. Then, one day, a car accident changed everything. The impact jars your spine, leaving you in more pain than you were before.
As you deal with the emotional and physical toll of the new injury, you are also trying to handle the increased expenses it’s caused. You want to file a personal injury claim, but you worry: Will your pre-existing back condition make it harder to recover the compensation you deserve?
In Virginia, having a pre-existing condition doesn’t mean you can’t make a successful claim for your damages. It does, however, add some complexity to your case. For help, check with our Virginia Beach personal injury lawyers. At Shapiro, Washburn, & Sharp, we have the experience needed to show a judge or jury how your accident worsened your existing injury or caused a new injury and to explain why you deserve to recover your damages. Call us at 833-997-1774 for a free consultation.
What Is a Pre-Existing Condition?
Any medical condition you have before the accident may be considered a pre-existing condition. In the case of back pain, this might include:
- Herniated or bulging discs
- Chronic back pain
- Degenerative disc disease
- Previous spinal injuries or surgeries
The negligent party’s insurance company and legal team often scrutinize pre-existing conditions to see if they can find any reason to reduce your compensation or deny your claim altogether. They may argue that your current pain or injury wasn’t caused by the accident, but was already there before the accident, so therefore they aren’t liable to pay you for it.
Having an experienced attorney on your side helps you to successfully counter this sort of argument. Our legal professionals know how to present the right evidence to clearly show how the accident led to the suffering you’re experiencing now and how it is separate from that which you experienced because of your pre-existing injury.
Why You Must Disclose Any Pre-existing Conditions to Your Attorney
When you meet with your personal injury attorney, you may be hesitant to share all your medical information—particularly your pre-existing injury—for fear that it will harm your case. Full disclosure to your attorney, however, is crucial to the success of your case.
Here are a few reasons why:
It Strengthens Your Credibility
If you don’t tell your attorney about your pre-existing back pain and it’s discovered later, it can harm your credibility. Courts and insurance adjusters will view you as untrustworthy, which could jeopardize your case.
The Insurance Company Will Find Out Anyway
The insurance company and/or opposing legal team will likely be able to get access to your medical records. They will carefully review your health history and probably uncover details about your pre-existing condition. By being upfront with your attorney, you can help him or her prepare to counter any arguments the other side may try to use against you.
It Helps Your Attorney Build a Strong Medical Record
When you disclose your condition, your attorney will work with medical experts to help differentiate your accident-related injuries from your pre-existing condition, building a stronger case in your favor. Detailed medical records are critical to showing exactly how the accident affected you.
The more transparent you can be, the better your attorney will be able to prepare, and the more positive your outcome will be.
How the Eggshell Doctrine Helps: Taking Plaintiffs As They Are
You may have heard about the “eggshell doctrine” regarding pre-existing conditions. This legal principle requires the law to take the plaintiff as they are. It recognizes that some individuals—like those with pre-existing back pain—are likely to be more vulnerable to injury than others.
Under the eggshell doctrine, the opposing party can’t say that they shouldn’t be held responsible for the accident because your injuries were worse than usual because of your pre-existing conditions. If your back pain makes you more vulnerable to a spinal injury in the accident, for example, the liable party is still responsible for the harm they caused.
This part of the law is invaluable for plaintiffs with pre-existing conditions. It protects them from others trying to undermine their right to compensation.
What If My Pre-existing Injury Makes Me More Vulnerable?
Having a pre-existing condition can indeed make a person more vulnerable to more serious injuries in an accident. But that doesn’t mean that person isn’t eligible for appropriate compensation.
Here’s how it can affect your claim:
Increased Likelihood of an Injury
Suppose you have a history of arthritis in your knees, for example, and you get into a slip-and-fall accident. In that case, you may be more vulnerable to serious injuries like a torn ligament or worsened joint condition than would be someone without arthritis. Even if the accident wouldn’t have caused significant harm to someone with healthy joints, you still deserve compensation for the damage you suffered.
Longer Recovery Times
Your pre-existing condition may mean that it takes you longer to recover from your injury than it would someone who didn’t have a pre-existing condition. That can lead to higher medical bills, more time off work (which means more lost wages), and increased pain and suffering. Your personal injury attorney will consider all these factors when calculating your damages but must also be prepared for resistance from the opposing side.
How Can a Personal Injury Lawyer Help?
A pre-existing injury case is usually more complex than one involving a previously healthy person. At Shapiro, Washburn, & Sharp, we know what is needed to overcome these challenges and get you the best outcome possible.
Contact us today. We will gather the evidence needed to counter any tactics by the opposing side, as we did for this federal worker with pre-existing neck problems who suffered more severe neck injuries in a car crash. We helped secure a $930,000 settlement for him.
You can find our offices in Virginia Beach, Portsmouth, Hampton, Norfolk, and Chesapeake.