Can You Sue After a Car Accident If You Have Pre Existing Injuries?

Car accidents are an unfortunate reality of everyday life, affecting millions of Americans each year. These events can leave victims with physical, emotional, and financial burdens. However, when a person with pre existing injuries is involved in an accident, the situation becomes more complex. Will those pre existing conditions prevent victims from securing the compensation they deserve? If you live in Virginia Beach, Virginia, understanding your legal rights is crucial. This blog will explore your options, identifying both obstacles and solutions to ensure you can seek justice following an accident—even with pre existing injuries.

What Are Pre Existing Injuries and Why Do They Matter?

A pre existing injury is any medical condition or injury you suffered before the car accident occurred. Common examples include back pain, arthritis, prior fractures, herniated discs, or repetitive stress injuries such as carpal tunnel syndrome. While these conditions are unrelated to the accident itself, they can make it harder for victims to recover just compensation.

Pre existing injuries matter because they can blur the lines between damages caused by the accident and those that already existed. Insurance companies and opposing parties often try to limit liability by claiming that your pain or injury was entirely pre existing and unrelated to the car accident. This can make it difficult to recover compensation without strong evidence and a thorough legal strategy.

Legal Protections for Victims with Pre Existing Conditions

The legal system recognizes that individuals with pre existing injuries have the same right to seek justice as any other accident victim. This principle is embodied in what is known as the “eggshell plaintiff rule.” This rule is a vital tenet in personal injury law, ensuring that defendants cannot escape liability simply because the injured party had pre existing medical vulnerabilities.

Under the eggshell plaintiff rule, the at-fault driver is responsible for all harm caused by the accident, even if the victim’s physical condition made them more susceptible to injury. The idea is simple but powerful. A driver is legally obligated to take their victims as they are, meaning they cannot claim immunity from liability simply because a victim was more prone to injury than another person might have been.

For instance, if someone with a fragile spine suffers a more severe back injury in a crash than a typical driver might sustain under the same circumstances, the at-fault party is still accountable for the significant injury suffered by the victim. The victim’s pre existing condition does not absolve the responsible party of their duty to compensate for damages caused by their negligence.

How to Prove Causation with Pre Existing Conditions

Although the eggshell plaintiff rule protects you under the law, proving causation is a critical element to the success of your case. This means you must demonstrate that the accident in question either aggravated your pre existing condition or created a new injury altogether. Establishing a clear causal link between the car accident and your worsened condition is key to securing fair compensation.

Medical records are your most powerful tool in proving causation. Detailed documentation from before and after the accident can show the extent of your pre existing condition and how the accident exacerbated it. Your physician’s input is invaluable here. Obtaining medical opinions that clearly state the accident caused or aggravated your injuries is essential to strengthening your claim.

Furthermore, accident scene evidence and expert testimony help to bolster your case. Photographs, witness statements, collision reports, and reconstruction experts are all valuable elements of the evidentiary process. Combined with consistent reports of your symptoms and treatment, they can help illustrate the direct impact of the crash on your health.

Challenges You May Face and How to Address Them

Car accident claims involving pre existing injuries are often met with resistance, particularly from insurance companies. These entities frequently attempt to minimize payouts by alleging that your injuries were entirely pre existing or unrelated to the collision. You may encounter tactics such as lowball settlement offers, insisting on access to your entire medical history, or stretching out the legal process to wear you down.

Addressing these challenges requires preparation, persistence, and legal expertise. One of the first steps is resisting the urge to provide insurers with unrestricted access to your past medical records. Insurance adjusters are skilled at taking information out of context to undermine your claim.

Hiring an experienced personal injury attorney is also essential. Skilled legal counsel will gather the necessary evidence, negotiate on your behalf, and counter any unfounded claims made by insurance companies. Attorneys with a strong track record of handling cases involving pre existing injuries understand the nuances of these claims and can help ensure you receive the compensation you deserve.

Navigating Life After a Car Accident

If you have been in a car accident in Virginia Beach and you have pre existing injuries, you are not alone in facing these challenges. The legal system is designed to protect your rights, but navigating it can be complex without professional guidance. Seeking legal advice as early as possible is critical to building a strong case, proving causation, and overcoming the pushback you might receive from insurance companies.

At DeeringHedrick, we understand the intricate challenges associated with pre existing injuries and are here to advocate on your behalf. Our dedicated team will work tirelessly to ensure your voice is heard, your injuries are recognized, and your compensation reflects the true impact of the accident on your life.

If you or someone you know is dealing with a similar situation, contact DeeringHedrick to schedule a consultation today. Call us at 757-383-6848 and take the first step toward securing the justice you deserve.