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Will I Recover Less in My Personal Injury Case If My Injuries Are An Exacerbation of My Pre-Existing Condition?

man sitting on the couch with foot in a cast

A common worry our personal injury clients express to our experienced Virginia personal injury attorneys at Kalfus & Nachman is that they may have pre-existing medical conditions that have been exacerbated as a result of an incident in which they were injured rather than a “brand new injury” from that incident. Their specific concern is that they may be entitled to, or awarded less, than if they had suffered an injury they never had before in lieu of an exacerbation of a pre-existing medical condition. However, this is not the case at all. Instead, a party who injures you in Virginia is responsible for whatever the damages were flowing from his or her negligence, the actual damages on the actual victim. After having behaved negligently and injuring someone, the responsible party cannot claim you are entitled to less than your full damages and, if they attempt to do so, our experienced Virginia personal injury attorneys will stop them in their tracks.

Virginia Law Regarding The Damages Available as a Result of Injuries Caused By Pre-Existing Conditions in Virginia

Someone is responsible for whatever damages they cause you as a result of their negligence regardless of what prior medical conditions you may have had. Simply put, they are responsible for the consequences of their actions. They take their victim as they find him. If the person had previous back injuries and those back injuries were exacerbated as a result of the accident in which the victim was hurt, then the responsible party is responsible for whatever complications that victim may have suffered in that accident as a result of the responsible party’s conduct.

In law school, they call this the “eggshell plaintiff” rule. If you injure someone who is more likely to suffer serious injuries, you should not be held any less responsible because it was your negligence that caused that person’s injuries. Thus, if the injuries you suffer as a result of a motor vehicle accident in which you were rear-ended require you to undergo costly back surgery whereas someone who did not have your previous medical history might not have had such extensive injuries, this does not matter. The responsible party takes you as they find you and they are responsible for compensating you for whatever injuries you suffered as a result of their actions. They cannot argue at trial that a person with a perfect back would not have suffered the same injuries as you and that the jury should, therefore, award you less money. But, even if they do, our experienced personal injury attorneys will be there to ensure that this argument does not carry any weight with the jury.

Contact the Experienced Virginia Personal Injury Attorneys at Kalfus & Nachman if You or Someone You Love Has Been Injured in Virginia

Accurately and effectively presenting the argument that the exacerbation of your pre-existing conditions or injuries as a result of someone else’s negligence is particularly important to ensure you receive maximum compensation for your injuries suffered as a result of another person’s negligence. Our experienced Virginia personal injury attorneys have recovered millions in compensation for our clients who have been injured due to someone else’s negligence and we often deal with defense attorneys who try to downplay our client’s injuries or attribute them to pre-existing conditions, but we have a track record of successfully convincing juries otherwise.

If you live in the Norfolk, Hampton, Newport News, Portsmouth, Virginia Beach or Roanoke, Virginia, areas and have been injured as a result of someone else’s negligence, then please contact Kalfus & Nachman PC by phone today at (855) 880-8163 or through the form on this page to schedule a free consultation regarding your particular situation.

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