In Virginia, a driver whose negligence causes an automobile accident, resulting in the aggravation of a pre-existing medical condition of an innocent plaintiff, is responsible for the increased severity of the plaintiff’s pre-existing medical condition.
Still, the negligent driver is not responsible for the pre-existing condition.
This is sometimes called the eggshell plaintiff rule, which means that the defendant takes the plaintiff as he or she finds the plaintiff. Therefore, the defendant is responsible for any worsening of the plaintiff’s condition caused by the accident, even if a plaintiff in good health would not have been injured as severely as the plaintiff with the pre-existing medical condition.
One of the most common examples of an aggravation of a pre-existing medical condition arising from an automobile accident is when a plaintiff has a prior history of neck pain and then suffers a whiplash injury in the accident in question.
The plaintiff in that situation will not be entitled to compensation for his or her pre-existing neck problems. Still, the plaintiff will be entitled to compensation for worsening his or her neck problems caused by the accident.
Depending on the severity of this hypothetical plaintiff’s pre-existing neck problems and the severity of the accident that aggravated the plaintiff’s neck problems, it is possible that the aggravation of the plaintiff’s condition could be severe, requiring extensive medical treatment and causing significant pain and suffering.
To the extent that this hypothetical plaintiff was caused to undergo medical treatment and pain and suffering, he or she is entitled to monetary damages from the defendant. Related article: What a plaintiff is entitled to compensation for in a personal injury claim
Deterioration of a pre-existing condition
However, the hypothetical plaintiff would not be entitled to seek recovery from the hypothetical defendant for any worsening of his or her condition that would have occurred in the absence of the accident that worsened his or her condition.
An example of the further deterioration of a pre-existing condition that would have happened in the absence of the accident would be a plaintiff who develops arthritis following an accident but who would have developed the same arthritis regardless of whether the accident occurred.
Using the example of our hypothetical plaintiff, if he or she was going to develop arthritis due to his or her pre-existing neck condition, then the hypothetical plaintiff cannot recover from the arthritis in his or her neck unless the arthritis was brought on sooner and/or made worse by the accident.
Personal injury and pre-existing medical condition
Questions regarding injuries a plaintiff can seek compensation for, including an aggravation of a pre-existing medical condition, are specific to the facts of the individual personal injury case. Therefore, we encourage you to contact one of our personal injury lawyers in Virginia Beach.
We can determine whether the plaintiff has a condition that would be considered a pre-existing medical condition and whether the plaintiff’s treatment and pain and suffering were caused by the accident in question.
Our injury lawyers can also advise the injured person as to the value of the personal injury claim. We can guide the injured person through the process of making an injury claim with the applicable insurance company or companies. We can represent the injured person in the litigation of the personal injury claim if a personal injury lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk
driving accidents and wrongful death claims. Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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# Personal injury and pre-existing medical condition