A 35-year-old truck driver in Virginia (VA) allegedly suffered a traumatic head injury and soft-tissue spinal injuries after being hit by another truck and propelled into trees. The at-fault driver admitted liability, but the defense attorneys used the victim’s previous head injuries as a child to try and reduce potential damages, according to Virginia Lawyers Weekly.
The victim suffered head injuries as a small child and teenager. The defense argued that the physical and mental difficulties the victim has been dealing with stem from those earlier injuries, not the most recent head injury.
The existence of a pre-existing condition is a common tactic used by defense attorneys to try and reduce damages owed to the victim. They scour through years of medical history to try and find anything that could help get out of responsibility.
The best way to combat this type of defense is to be as up front and detailed as possible with your attorney about your medical history. Provide all medical information as well so your attorney can construct the best argument on your behalf.
The attorneys for the 35-year-old trucker used medical expert testimony to contend the injuries sustained from the truck wreck exacerbated the previous head trauma their client was struggling with. The law in Virginia (VA) generally is that the person hurt in an accident cannot recover for the pre-existing condition, but can recover for any worsening of that condition by the accident in question.
Their argument was compelling enough to produce a $1,250,000 settlement.
Just imagine if the truck driver failed to mention their previous head injuries to the attorneys. It would have severely hindered their chances at successfully litigating the case. Also, if they can, the insurance defense lawyers for the wrong doer will try to insinuate that the plaintiff and his lawyers were hiding past medical history.
Fortunately, the attorneys had time to prepare medical expert testimony to refute the arguments from the insurance defense attorneys, and now the victim has the financial compensation to cover medical expenses and rehabilitation.
So again, if you decide to file a claim for a personal injury, be as forthright as possible with your attorney regarding your medical history. It’s essential for a successful resolution to your potential case.
About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
One Comment
Mike Bryant
Very good advice about how important it is to be upfront and help with the full evaluation of a persons case.
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