Your right knee has been hurting for a long time. Your orthopedist says the cartilage is very thin, and you will eventually need a knee replacement. You tell him you’re not ready, and he says it is all right to wait a while. On the way home from his office, a car hits you head-on. The airbag protected your head and neck, but your right knee banged into the dashboard. Hard! In terms of this accident, you have what is known as a “pre-existing condition.”
If you’ve been involved in a car accident in Northern Virginia and are dealing with pre-existing conditions, getting a lawyer promptly is advised. At Jennifer Porter Law, PLLC, our team of Northern Virginia car accident lawyers is well-versed in Virginia law and can provide the guidance needed to manage your claim effectively. We can review your case thoroughly, discuss your legal options, and help pursue the compensation you deserve. Contact us today at (571) 532-9070 to schedule a consultation.
What Is A Pre-Existing Condition?
A pre-existing condition is any illness, injury, or medical condition you had before this accident. It usually includes such conditions as back and neck injuries, concussions, traumatic brain injuries, osteoporosis (weak and brittle bones), and mental health conditions, such as anxiety, depression, and post-traumatic stress disorder. It probably doesn’t involve such medical issues as diabetes, heart disease, or cancer, but it could. If you were receiving chemotherapy treatments, and your cancer was already affecting your mental health with anxiety and depression and your physical health with weakness and pain, that could be a pre-existing condition.
So, I Can’t Recover Any Damages Because I Have A Pre-Existing Condition?
Yes, you certainly can. If the accident worsened your condition, you are entitled to recover damages. Virginia law has a vital rule referred to as “egg-shell plaintiff,” also known as “thin-skull doctrine” or “egg-shell skull doctrine.” The rule entails that: the person who caused the accident (defendant) must take the victim (plaintiff) as they find them, regardless of their pre-existing conditions.
Keep in mind, however, that Virginia still follows the doctrine of contributory negligence. This means that if the defendant can prove that you contributed even a small percent to the accident, you won’t be able to recover any damages.
The ‘Egg-shell Plaintiff’ Rule in Virginia Car Accident Cases
In Virginia, the “egg-shell plaintiff” rule plays a critical role in car accident cases, particularly when it involves individuals with pre-existing conditions. This legal principle mandates that the at-fault party’s insurance must accommodate the injured party’s current health state, irrespective of any pre-existing conditions. Essentially, the rule stipulates that the defendant must accept the plaintiff in the condition they were at the time of the accident.
This rule helps ensure that even if a person is already vulnerable due to a prior condition, they are still entitled to compensation if the car accident exacerbates their health issues. The severity of the initial condition does not diminish the responsibility of the at-fault driver. If the accident worsens an existing condition, the at-fault party’s insurance is liable for the additional injuries caused.
For those seeking to file a claim after a car accident, understanding this rule is crucial. It underscores that the vulnerability of an accident victim does not shield an at-fault driver from responsibility. This aspect of Virginia law is designed to protect all parties fairly, allowing victims to receive the compensation they deserve, regardless of their health status before the accident.
A knowledgeable Fairfax car accident lawyer can further clarify the “egg-shell plaintiff” rule and offer advice tailored to your situation. Contact Jennifer Porter Law, PLLC today to schedule a consultation.
Do I Have To Prove That My Pre-Existing Condition Was Made Worse Because Of The Accident?
In cases such as this, the burden of proof is on you, the plaintiff, to prove the damages you suffered worsened your pre-existing condition. You have to show that your condition was stable at the time of the accident, and there was no reason to believe your condition would become significantly worse before the accident. In the example above, it is fortunate that you had just left your doctor’s office.
The best way to help your case is to document everything. You must be honest about your medical condition and make your medical records available to your attorney and to the defendant. Keep a diary of all your medical appointments and how the accident has affected your daily life with respect to your pre-existing condition. Be sure to follow all medical advice from your doctor after the accident. If you can, have your treating physician evaluate you after the accident, as they would be able to make the comparison to your prior condition.
Most importantly, seek the help of an experienced, knowledgeable car accident attorney. Having a professional in your corner can assist in overcoming this difficult journey and dealing with the insurance company.
The defendant’s insurer may use every trick in the book to pay you the least amount they can get away with. They don’t make any money if they have to give it to you. They may argue that your current injury is from your pre-existing condition, not because of the accident at issue. That is why keeping a diary, producing your medical records, and following your physician’s advice is so important. Your attorney can work with you and the defendant’s insurance company to get you the best possible deal.
What Kind Of Compensation Can I Get?
As in any type of personal injury case, you would be entitled to economic and non-economic damages. The economic damages would include such costs as medical expenses, lost wages, and any property damage. These could also include potential future lost wages, if you cannot return to your job. Non-economic damages are subjective conditions, such as pain and suffering, emotional distress, and loss of enjoyment of life. Your attorney might involve medical professionals and financial analysts to support your claim.
| Types of Compensation | Description |
|---|---|
| Economic Damages | Includes quantifiable costs such as medical expenses, lost wages, property damage, and repair costs. |
| Non-Economic Damages | Covers subjective impacts like pain and suffering, emotional distress, and loss of enjoyment of life. |
| Future Damages | Addresses long-term financial implications such as future lost wages and ongoing medical expenses. |
Secure Experienced Legal Guidance at Jennifer Porter Law, PLLC
At Jennifer Porter Law, PLLC, we have decades of experience collecting evidence, assessing information, and proving that pre-existing conditions were indeed made worse by the accident. If you or a loved one suffered injuries in an accident in Northern Virginia, we can work with you and explain your options in recovering damages for the exacerbation of your pre-existing condition. Contact us today at (571) 532-9070 or online for a free consultation and case evaluation.
