Disclaimer
This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a car accident worsens a pre-existing injury, West Virginia’s “eggshell plaintiff” rule holds the at-fault driver responsible for all harm caused, including aggravated conditions. Under West Virginia Code §55-7-13, a defendant must take a plaintiff as they find them and cannot argue that a prior condition limits liability. (W. Va. Code §55-7-13).
Follow these steps to document and pursue compensation:
- Seek Immediate Medical Attention. Obtain a comprehensive exam. Ask providers to note both accident-related injuries and any changes to existing conditions.
- Maintain Detailed Medical Records. Keep copies of diagnoses, imaging, treatment plans, and bills. Request that medical professionals explicitly document how the accident aggravated your prior injury.
- Track Symptoms and Limitations. Use a journal or app to record daily pain levels, mobility issues, and changes in work capacity. These records strengthen your claim for damages.
- Preserve All Accident Evidence. Save photos of the scene, vehicle damage, and visible injuries. Collect police reports and witness statements.
- Notify Insurers Promptly. Report the accident to your insurer and the at-fault driver’s insurer. Provide factual statements and document all communications in writing.
- Calculate Your Damages. Include medical expenses, lost wages, future treatment costs, and pain and suffering related to both the pre-existing injury and its aggravation.
- Be Aware of Deadlines. You generally have two years from the accident date to file a personal injury lawsuit in West Virginia. See W. Va. Code §55-2-12. (W. Va. Code §55-2-12).
- Consult a Qualified Attorney. An attorney experienced in West Virginia personal injury law can evaluate your evidence, calculate fair compensation, and represent you in settlement negotiations or court if needed.
Helpful Hints
- Keep all original medical bills and test results, not just summaries.
- Ask a treating physician for a written expert opinion on how the accident worsened your condition.
- Use a secure, timestamped method (email or certified mail) to preserve notifications and demands.
- Update your journal after each medical appointment to show continuity of care.
- Photograph physical therapy sessions and assistive devices to document rehabilitative progress.