If you have rheumatoid arthritis, MS, epilepsy, or any other pre-existing condition, one crash can drastically change your progress. Even someone with a past injury such as a brain injury, or hip injury, can still pursue full compensation. The common argument against this, however, is that it’s not the other driver’s fault that you previously had surgery or received a life-changing diagnosis that put you at a greater risk of harm.
On the other hand, it’s not your fault that a person hit you. In Virginia Beach, you have every right to hold the at-fault driver responsible for their actions, including their carelessness on the road. That carelessness or outright aggressiveness is something that you can’t let slide. You need coverage, and although your health care might bring down some of the costs, you need someone that will cover the damages. That all starts with your car crash attorney in Virginia Beach and an insurance claim.
Defining a Pre-Existing Condition
The people who care most about pre-existing conditions are insurance companies. They are wary of insuring someone that might be a greater risk. Now, you probably have come across this in finding health or life insurance. But it could be of some surprise that your car insurance may have some restrictions on coverage too.
For example, if you have epilepsy, and still have a license, then you must report that information to the Virginia DMV. It could put you at risk of a medically revoked license, but it’s part of their seizure and blackout policy. Basically, anyone with seizures or blackouts must go through a Customer Medical Report with their doctor. That will help the DMV determine if you’re good to go. However, your insurance company may see you as an additional risk, especially if you’ve had a seizure and caused an accident.
So how does this apply to you in this case? Well, a pre-existing condition is any diagnosis or health problem that occurred before your coverage started or before the crash. That’s why past injuries such as a replaced hip, or even a shoulder surgery would count toward a pre-existing condition.
Proving Your Injuries Stemmed From The Crash
Imagine that years ago, you had a bad football injury that called for knee surgery. Aside from it tingling a little in the colder months, it hasn’t given you any trouble for years. Then, after a bad T-bone accident, your knee is once again, needing surgery. You would simply show that you were healthy and able-bodied prior to the crash, that the past injury was healed.
Other pre-existing conditions can be more difficult to prove. Epilepsy, for example, is particularly troublesome. The trauma of a car crash can trigger a seizure. And when in a vehicle with fixed objects and a seatbelt, you may sustain injuries from the seizure itself. As a someone who has lived with epilepsy for some time, you know that the crash caused your seizure. However, the other driver may argue the opposite. They may say that you caused the crash because of the seizure.
To that extent, you’ll need to bring in witnesses and possibly crash recreation experts. But, even more so, you’ll need to have a medical professional explain, prior to negotiations, that their actions aggravated your pre-existing condition.
Is the At-Fault Driver Still Responsible?
Yes, there is a little-known bit of protection called the Eggshell Doctrine, which acts as a safety net. Often called the eggshell skull rule, this law makes the person responsible for all the damages regardless of your medical state. It basically sums up to. It’s that person’s bad luck that you have a pre-existing condition.
The only time that the tortfeasor, or responsible party, could escape liability is when the damage clearly doesn’t tie to the crash. That is extremely rare, so most of the time, they’re responsible because you’re the victim and certainly couldn’t help having that pre-existing condition. This law goes by numerous other names, but they’re all referring to the same thing, there is no special treatment for the at-fault party because of a victim’s pre-existing conditions.
Should You Hire A Virginia Beach Auto Accident Attorney for a Case Involving a Pre-Existing Condition?
People shouldn’t get off scot-free just because someone has a pre-existing condition. What you’re looking for is the extent of damage and the likelihood of damage to any person without this condition. Then you’ll want to ensure that you’ve covered all the damages from the aggravation of your condition as well.
To start putting together your claim, you’ll need to call a local Virginia Beach auto accident law office. At CAIL, you can find reliable, compassionate, and assertive lawyer that can handle your case with care.
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