If you have been a victim of a Richmond-area motor vehicle accident and you have a pre-existing injury or health condition, you may worry what effect this pre-existing injury or medical condition may have on your ability to recover your full damages suffered in an auto accident. Often the opposing insurer or driver’s attorney may attack your credibility or attempt to lower the value of your case by claiming that you are trying to use a motor vehicle accident as a way to recover more than you are entitled to due to pre-existing injuries or medical conditions. However, although having a pre-existing injury can make your case more complex, it does not mean you are entitled to receive less for your injuries under Virginia law or that you cannot pursue justice against those who harmed you. Richmond motor vehicle accident attorney Christian Simpson has worked with numerous clients who have had pre-existing injuries or medical conditions prior to being involved in a Virginia motor vehicle accident. He can put together a complex case involving the exacerbation of pre-existing injuries in simple, easy to understand terms and concepts that a jury of lay people can understand. Contact Christian today if you have been involved in a Virginia motor vehicle accident and you are worried about what effect any pre-existing injury or medical condition may have on your ability to recover your full damages in an insurance claim or lawsuit.
Pre-Existing Injuries and Motor Vehicle Accidents under Commonwealth Law
In a motor vehicle accident lawsuit or any other type of personal injury case, the party that causes the injury is responsible for the consequences of his or her conduct. The party that causes injury also takes the victim as he finds the victim. This means that a driver who negligently injures a pedestrian is required to make that pedestrian whole for his or her injuries, regardless of whether the pedestrian is 28 years old or 80 years. As you can imagine, the injuries suffered by the 80 year old pedestrian are likely to be much worse than the injuries suffered by the 28 year old. An 80 year old likely has weaker bones, has a greater chance of pre-existing medical conditions that may be exacerbated by being hit by a car and may require more extensive (and thus more expensive) medical treatment than the 28 year old. However, the driver that hit the 80 year old pedestrian (or his insurer) does not get to pay less in damages simply because there may have been a lesser amount of damages if the driver had hit someone who is younger. Instead, the driver who causes an accident is required to compensate an injured party for his or her actual losses, including the exacerbation of any pre-existing injuries and any medical treatment, pain and suffering or other damages caused by that exacerbation.
As an example, if you are rear-ended and the impact causes exacerbation of a lower-back injury you suffered several years earlier at work, then the other driver and his or her insurer are responsible for compensating you for the exacerbation of your pre-existing condition. It does not matter that the average person may not have suffered the same injuries as you. An insurance claim or lawsuit is about the damages that you, the accident victim, actually suffered. If those damages included exacerbation of a pre-existing injury, then those are damages available to you under Commonwealth law. Nothing prevents the opposing party (or their attorney) from arguing that your pre-existing injury or condition, rather than the accident, is the reason you need certain medical treatment or the cause of certain pain you are feeling. However, Virginia law provides that a driver who causes an accident takes you as they find you. They are responsible for any exacerbation of any prior injury you may have suffered and any medical expenses or other damages associated with that exacerbation. Certainly pre-existing injuries can make a case more complex, but having pre-existing injuries or medical conditions does not mean that your Richmond motor vehicle accident will be worth less.
Contact Richmond Accident Attorney Christian Simpson if You or a Loved One Have Been Involved in a Virginia Car Accident
Experienced Virginia motor vehicle accident attorney Christian Simpson of Commonwealth Accident and Injury Law, PC is an experienced car accident attorney who represents individuals who have been injured in motor vehicle accidents. Christian’s entire practice is concentrated in the area of motor vehicle accidents and he has represented dozens of clients who had the unfortunate luck to be involved in an accident in Richmond or the surrounding areas and have suffered the exacerbation of pre-existing injuries or medical conditions. Christian therefore understands the devastating consequences that an accident can cause and he will do everything within his power under Commonwealth law to help make you and your family whole for the devastating losses that accompany accidents. He is not afraid to take your case to trial to ensure that you recover the full measure of damages you are entitled to under Commonwealth law. If you or a loved one have been involved in a motor vehicle accident in the Richmond area, contact Christian today at 1-800-HURT-123 or firstname.lastname@example.org a free consultation.