Insurance companies love the phrase: “It was a pre-existing condition.” It is their go-to for denying claims after a car accident. But, when an estimated 5.6 million adults – nearly 50% of the American population has chronic pain, this just isn’t a valid excuse.
West Virginia law agrees and doesn’t let insurance companies off the hook that easily. It doesn’t require you to be in perfect health to qualify for compensation. Don’t allow a pre-existing condition to discourage you from meeting with an attorney to determine if you qualify to file a personal injury claim. Your injury car accident claim can succeed if there’s clear evidence that the crash made your pre-existing condition worse. It can be confusing to know how to prove this, and accomplishing this is rarely straightforward.
We are here to give you information on how personal injury claims work if your pre-existing condition was worsened by a car accident. Our qualified personal injury attorneys help car accident clients throughout West Virginia; if you’re ready to discuss your case, schedule a consultation with our team today.
How West Virginia Law Handles Pre-Existing Conditions
When someone with a pre-existing injury is hurt in a car accident, the law doesn’t rule out filing a personal injury claim. West Virginia follows the eggshell skull rule: a negligent driver remains responsible even if the injured person is more vulnerable than the average person. This legal jargon simply means you’re pre-existing condition makes it more likely you could be injured in a car accident, but that doesn’t mean you can’t file a claim against the other driver. This applies even if a healthy person might not have been hurt under the same circumstances.
There is another West Virginia law that helps your case. This is the modified comparative fault rule. This means you can still recover compensation if you were less than 51% at fault for the accident.
What Qualifies as a Worsened Pre-Existing Injury?
Not every new flare-up or pain will allow you to qualify. But if your condition noticeably worsened due to the crash, you may be able to recover damages.
These are some of the more common pre-existing injuries that are aggravated in car accidents:
- Back and neck injuries, such as herniated discs or chronic pain
- Joint injuries, including knee, shoulder, or hip conditions.
- Degenerative conditions like arthritis
- Mental health concerns, such as anxiety or PTSD, that resurface or worsen post-accident
There is also a difference between aggravation and exacerbation. Aggravation often leads to a more serious or permanent decline, while exacerbation may cause a temporary flare-up. Your attorney can explain what types of scenarios with your pre-existing condition make you eligible or ineligible to file a claim.
Proving That Your Injury Got Worse After the Crash
Claiming your condition has worsened alone isn’t enough for a case to succeed. You’ll need to back it up with solid documentation.
This type of documentation typically includes:
- Medical records from before and after the accident
- Imaging tests like MRIs or X-rays taken both before and after the crash, if available
- Your doctors’ opinions that explain how the crash affected your condition
- Testimony from medical experts who can clearly explain changes in your health
Documentation can make or break your case. As soon as you’re in an accident, you should receive a medical check and follow-up appointments to officially chronicle your symptoms and their severity.
You should also keep a journal of symptoms or limitations you’ve noticed since the accident. This can be useful to discuss with your healthcare providers and your attorney. The more evidence you can provide, the stronger your case.
How Insurance Companies Use Pre-Existing Conditions to Limit Payouts
Insurance adjusters are trained to protect the company’s bottom line. One of the most common tactics they use is to blame your pain on an old injury instead of the crash. They may argue that your symptoms would have happened anyway, or that the accident only caused a temporary flare-up.
They aren’t medical experts, and they aren’t well-versed in your specific medical situation. That’s why precise documentation and legal support matter. An experienced attorney can help clearly and persuasively connect your aggravated condition to the accident.
Deadlines and Legal Considerations in West Virginia
Recovering from your car accident on top of managing your pre-existing condition can be time-consuming and mentally taxing. But you mustn’t wait to contact an attorney to discuss your eligibility. Under West Virginia law, you generally have two years from the date of the accident to file a personal injury claim. It can be easy to miss this window, but doing so means you may lose your right to seek compensation.
We know sometimes symptoms don’t show up right away, especially with soft tissue or mental health injuries. If you notice a decline after the crash, don’t wait to get evaluated by a physician and contact your attorney.
Why Legal Representation Makes a Difference
When a pre-existing injury is involved, these cases become more complex than the average car accident personal injury case. In a traditional injury case, it’s clearer that a healthy person is no longer healthy. With a pre-existing condition, the burden of proof is higher, and insurance companies are more likely to push back.
Having a legal team familiar with West Virginia laws, acquiring the relevant documentation, like medical records, and insurance strategies, is the best way to build a strong case. Having a pre-existing condition doesn’t disqualify you from justice. If your car accident worsened an old injury, you don’t have to face insurance companies or medical confusion on your own.
Manchin Ferretti Injury Law’s Martinsburg car accident attorneys can do just that. The car accident personal injury attorneys at Manchin Ferretti Injury Law offer free, no-obligation consultations to help you understand where you stand. Our attorneys can review your medical history, explain your options, and help you build a clear and compelling claim, allowing you to focus on healing rather than paperwork. Contact us today for a free consultation and determine if you have a potential case.