In West Virginia, you can often seek damages from a negligent driver to cover the costs of your associated medical treatments after an auto accident. But what is your legal recourse for old injuries that are aggravated from an accident? Back pain, neck injuries, healing bones and other conditions can be inflamed after a new shock to your body, but can you sue for these costs if they already existed when you had an accident?
The answer is yes, if you meet a certain burden of proof. A personal injury lawyer can help you figure out what damages are recoverable based on the specifics of the accident and the extent of your injuries. Even if you were already suffering from a previous injury, you may be able to collect for the aggravated injury caused by the new accident.
Auto accidents can make existing or latent injuries worse. If you’ve been injured, keeping a daily diary documenting your pain and physical restrictions as a result of the new injury can help establish your case. Be sure to keep record of both physical and emotional effects, as your lawyer may be able to collect money for you on both accounts.
Further, you’ll need an immediate medical exam (and subsequent follow-up exams, depending on the severity of the injury) to document your new injury and how it’s affected your previous condition. And it’s not just outward injuries that should be carefully watched; head trauma and brain injuries are a chief concern as well. Especially if you have a history of concussions or Traumatic Brain Injury (TBI), you must track cognitive and behavioral patterns as well and report these to a medical professional and to your lawyer.