Can I recover damages in a Virginia brain injury case if I had a pre-existing condition?

How a Virginia Brain Injury Lawyer Can Help With TBI Cases Involving Pre-Existing Medical Conditions

The world spins as you regain consciousness. The fluorescent lights of the emergency room sting your eyes. As the fog lifts, you remember the screeching tires and the violent jolt that sent your head slamming into the steering wheel. The car accident leaves you dazed, but now you worry that your history of migraines might affect your ability to seek compensation for this new incident.

As our Virginia TBI lawyer explains, you may be able to recover damages for a brain injury even if you have a pre-existing condition. However, there are important considerations that come into play, including proving that the new injuries were caused or worsened by the new accident. This challenging task calls for the experience and insight of a skilled personal injury lawyer.

The Impact of Pre-Existing Conditions on Virginia Brain Injury Claims

In Virginia, having a pre-existing condition does not automatically disqualify you from seeking compensation for a traumatic brain injury (TBI) sustained in an accident. Nevertheless, it does add a layer of complexity to your case. The key lies in demonstrating how the accident exacerbated your condition or caused new injuries.

Consider this example. Sarah, a Richmond resident, had a history of mild seizures controlled by medication. After a car accident left her with a TBI, her seizures became more frequent and severe, significantly impacting her ability to work. In this scenario, Sarah could potentially recover damages for the worsening of her condition due to the accident.

Proving Your Virginia Traumatic Brain Injury Case

To successfully recover damages in a Virginia brain injury case with a pre-existing condition, you'll need to provide compelling evidence. This may include:

Medical records. Comprehensive documentation of your pre-existing condition and how it changed after the accident is crucial. This includes medical records from before and after the incident.

Expert testimony. Neurologists, neuropsychologists, or other medical professionals can provide valuable insights into how the accident affected your condition.

Imaging studies. MRIs, CT scans, and other diagnostic imaging tests can visually demonstrate changes in your brain post-accident compared to before the incident.

Personal testimony. Your account of how your symptoms have changed and impacted your life can further substantiate your personal injury claim.

Witness statements. Family, friends, or coworkers can testify to observable changes in your behavior or abilities.

Valuing Damages in a Virginia TBI Case With Pre-Existing Conditions

Determining the value of damages in a brain injury case involving pre-existing conditions can be challenging. The focus is on compensating you for how the accident worsened your condition or caused new injuries. Potential damages may include:

Medical expenses. This includes past and future costs for treatment, rehabilitation, and ongoing care related to the accident-induced changes.
Lost wages and diminished earning potential. You deserve compensation for time off work and reduced earning capacity due to your worsened condition.
Pain and suffering. Damages for physical pain and emotional distress caused by the accident may be recoverable.
Loss of enjoyment of life. Your claim may include compensation for how the accident-related changes have impacted your quality of life.

A Richmond Personal Injury Lawyer Can Strengthen Your Case

Understanding a brain injury case with pre-existing conditions and securing fair compensation can be daunting. A Virginia personal injury lawyer can provide invaluable assistance by:

Gathering and organizing medical evidence to clearly demonstrate how the accident affected your condition
Consulting with medical experts to build a strong case for how the accident exacerbated your pre-existing condition or caused new injuries
Negotiating with insurance companies who may try to attribute all your symptoms to your pre-existing condition
Representing you in court if a fair settlement cannot be reached

Examples of Brain Injury Cases and Pre-Existing Conditions

Consider these hypothetical real-world scenarios.

John had a history of mild cognitive impairment. After a slip-and-fall accident caused a TBI, he was no longer able to live independently. His long-term care needs increased substantially with significant changes in his condition. John’s lawyer helped him recover damages to pay for these added expenses and loss in quality of life.

Or, take Maria, who suffered from occasional vertigo. A car accident resulted in a traumatic brain injury that made her vertigo constant and debilitating. Her attorney successfully argued for compensation covering her increased medical expenses and inability to work.

Seek Legal Guidance for Your Virginia Brain Injury Case

If you've suffered a traumatic brain injury in Virginia and are concerned about how a pre-existing condition might affect your claim, don't let uncertainty prevent you from seeking the compensation you deserve. Millions of dollars in settlements could be on the table.

At The Mottley Law Firm, our Richmond TBI lawyers understand how pre-existing conditions can complicate recovery in brain injury cases. We're committed to helping you build a strong case that accurately reflects how the accident has impacted your life. Let us help you take the first step towards justice.

Have You Or A Loved One Suffered A Traumatic Brain Injury In Virginia?

If you believe you or a loved one suffered a TBI, an experienced traumatic brain injury lawyer can help you focus on recovery instead of fighting a complex battle against an insurance company and the people who caused the injury.

The passion of The Mottley Law Firm is protecting the legal rights of clients who have suffered life-disrupting brain injuries. No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office at (804) 409-0876 to schedule your free consultation.

We welcome clients throughout Virginia, including the communities of Bon Air, Glen Allen, Highland Springs, Laurel, Mechanicsville, Short Pump, and Tuckahoe.

We also have the ability to handle personal injury cases across the United States with appropriate local counsel admitted in the jurisdiction. Schedule your confidential consultation today.