The short answer: Yes. If a car accident worsened a pre-existing injury, West Virginia law allows you to recover compensation for that additional harm. The at-fault driver has to pay for the way the crash aggravated your condition, even if you weren’t in perfect health before. The key is proving how much worse the collision made you, usually through medical records and clear before-and-after evidence.
You already lived with a bad back, an old knee injury, or a prior neck problem. Now a crash has made it worse, and the insurance company is blaming your history to avoid paying. That’s frustrating and unfair. Here’s what West Virginia law actually says and how our experienced West Virginia car accident attorneys can help you now.
In this article, we discuss:
– Whether you can recover when a crash worsens a pre-existing injury
– What the eggshell plaintiff doctrine means for your claim
– How to prove the crash made your condition worse
– How insurers use pre-existing conditions to cut your payout
– The West Virginia laws that affect your case
Can You Recover If A Car Accident Made A Pre-existing Injury Worse?
Yes. In West Virginia, you can recover compensation if a car accident aggravates a pre-existing injury. The law does not require you to have been healthy before the crash. It only requires that another driver’s negligence made your condition worse. You won’t be paid for the injury you already had, but you can recover for the additional pain, treatment, and limitations the collision caused. A pre-existing injury that worsens after a car accident is a real, compensable claim, not a reason to give up.
What Is The Eggshell Plaintiff Doctrine?
The eggshell plaintiff doctrine means the at-fault driver takes you as they find you. In plain terms, a negligent driver cannot avoid responsibility just because you were more fragile than the average person. If your prior condition made you more vulnerable to serious injury, that is the driver’s problem, not yours. So even if a minor crash would barely hurt someone else but seriously aggravated your old injury, the driver who caused it is still responsible for the full extent of the harm you actually suffered.
How Do You Prove The Crash Made Your Pre-existing Condition Worse?
You prove aggravation by comparing your condition before and after the crash. That’s where medical records matter most. Your prior records set your baseline: what your old injury looked like, how it was treated, and how stable it was. New records after the accident show the change: increased pain, new symptoms, added treatment, surgery, or fresh restrictions.
Strong before-and-after evidence often includes:
– Prior and post-crash imaging, such as X-rays, MRIs, or CT scans
– Treatment notes showing your condition was stable before the wreck
– Your doctors’ opinions on what the crash changed
– Statements from family, friends, or coworkers about your daily life
The clearer that contrast, the harder it is for an insurer to deny your claim.
How Do Insurance Companies Use Pre-existing Conditions Against You?
Insurers use pre-existing conditions to argue your injuries are not the result of the accident. It’s one of their most common tactics. They’ll dig through your medical history and claim your pain came from your old injury, not the collision. Sometimes they’ll say you were already hurt, so you deserve little or nothing.
Don’t let that stop you. This argument is exactly why aggravation claims exist. Our attorneys know how to push back with medical proof that ties your worsened condition directly to the crash. Don’t give a recorded statement or sign a medical authorization before you talk to us. Call 304-842-4300 now for a free consultation.
What West Virginia Laws Affect Your Pre-existing Injury Claim?
Two West Virginia rules matter most: the fault standard and the filing deadline.
West Virginia follows a modified comparative fault standard. Under W. Va. Code § 55-7-13c, any fault charged to you doesn’t bar recovery unless your share is greater than the combined fault of everyone else responsible. And if your fault is less than everyone else’s combined, your degree of fault reduces your recovery proportionally. In a typical two-vehicle crash, that means you can still recover as long as your fault is 49% or less, with your award trimmed by your percentage.
You also have a deadline. Under W. Va. Code § 55-2-12, you generally have two years from the date the claim accrues to file a lawsuit for personal injuries, which usually runs from the date of the crash. Evidence fades, and records become harder to pull, so don’t wait. We can help you now.
Frequently Asked Questions About Pre-existing Injuries And Car Accident Claims
Do I have to tell my lawyer about my pre-existing injury?
Yes, always. Full disclosure helps us build your case properly and prepare for the insurer’s arguments. A hidden history is what damages claims. A known history does not.
What if I didn’t know I had a pre-existing condition?
You can still recover. Many individuals have degenerative conditions, such as arthritis or disc problems, with no symptoms until a crash triggers them. If the accident brought a dormant condition to life, that’s a compensable aggravation.
How long do I have to file in West Virginia?
Generally, two years from the date of the accident. Some situations can change that deadline, so the safest move is to call our attorneys now and confirm the exact timeline for your case.
How much does it cost to talk to a lawyer?
Nothing. Your consultation is free, and you owe us nothing up front. Don’t wait to receive answers about your claim.
Get Help Now
A pre-existing injury doesn’t end your claim. It simply means your case needs to be built carefully, with the right medical proof and a clear before-and-after story. Our attorneys handle car accident claims for injured individuals across West Virginia, and we know how to counter the insurance company’s pre-existing condition playbook.
Do you have a pre-existing injury that got worse after a crash? You may still have a claim. Call our experienced attorneys at Kaufman & McPherson at 304-842-4300 now for a free consultation.
