Can I file a claim if my injury is a result of a preexisting condition?
Yes, you can file a claim for a catastrophic injury in Virginia if the injury resulted from a preexisting condition. Virginia law recognizes that an injury is not necessarily excluded from being catastrophic just because it had its genesis in a preexisting condition. However, it must be shown that a new incident or series of events has caused an injury or exacerbation of the preexisting condition that would not have occurred without that incident or series of events. In order to file a catastrophic injury claim, you would need to provide evidence that demonstrates that the injury or exacerbation of the preexisting condition is the direct result of a new incident or series of events. For example, if the injury was due to a car accident, medical records and other evidence of the accident can be used to support your claim. You may also want to provide evidence of your preexisting condition in order to establish that it existed prior to the accident and to show that the accident resulted in an injury or exacerbation that would not have occurred without the incident. If successful, a catastrophic injury claim can allow you to receive compensation for medical costs, lost wages, pain and suffering, and other damages that you may have incurred as a result of your injury. It is important to contact an experienced catastrophic injury attorney in Virginia to discuss your particular situation and the merits of your claim.
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