Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Virginia law, an at-fault driver must compensate you for any injuries they cause or worsen, even if you had a prior condition. This principle, often called the “eggshell plaintiff” rule, means you can recover for the exacerbation of a pre-existing injury. To succeed, you must document the pre-accident baseline, prove the aggravation, and comply with Virginia’s procedural rules.
1. Document Your Pre-Accident Baseline
Gather medical records, imaging reports, and treatment notes that describe your condition before the crash. If you had previous physical therapy, surgeries, or medication regimens, request complete records from each provider. Having a clear medical timeline helps demonstrate how your condition changed after the accident.
2. Seek Prompt Post-Accident Medical Treatment
See a qualified medical professional immediately after the collision. Continuing treatment—such as MRIs, X-rays, specialist consultations, and physical therapy—creates a medical trail. Make sure each visit includes a detailed description of new or worsened symptoms.
3. Establish Causation
Ask your doctor to provide a written opinion linking the accident to your worsened condition. Expert testimony, such as from an orthopedic specialist or neurologist, can strengthen your claim. This opinion should explain how the collision aggravated your pre-existing injury.
4. Understand Virginia’s Statute of Limitations
Virginia limits personal injury claims to two years from the crash date under Virginia Code §8.01-243. Missing this deadline typically bars any recovery.
5. File an Insurance Claim or Lawsuit
Provide your insurer with complete medical documentation and a demand letter outlining your damages. If negotiations stall, you can file a lawsuit in the appropriate circuit court. Mark your calendar for the two-year statute window.
6. Factor in Virginia’s Contributory Negligence Rule
Virginia applies contributory negligence. If the defense proves you bore any legal fault for the accident, you risk losing all damages. Work closely with counsel to counter any claims of shared blame.
Helpful Hints
- Keep a daily symptom journal with photos to track pain levels and mobility limits.
- Request independent medical exams if the insurer disputes your injuries.
- Obtain witness statements and a copy of the police report to support your case.
- Preserve all bills and receipts for out-of-pocket expenses, such as mileage, co-pays, or assistive devices.
- Consider consulting a personal injury attorney before negotiating with insurers.