Hurt Before, Hurt Again? Let the Firm Review What Happened.

Having a prior concussion doesn’t automatically end a brain injury claim after a car accident in West Virginia. What matters most is whether the crash caused new harm or made an existing condition worse. Here’s how that works, and why your medical records matter.

The Short Answer: A Prior Concussion Does Not Automatically End a Claim

A prior concussion does not automatically rule out a brain injury claim in West Virginia. The key question is what the crash did to your brain and your daily life. Did it cause new injury, or did it make an old condition worse? Both questions can matter.

Every case turns on its own medical facts and records. So the answer depends on the specifics. A label like “old concussion” doesn’t settle the matter on its own.

If you had an earlier head injury and then a car crash, the timeline matters. Doctors look at how you functioned before the crash and what changed afterward.

Many people with an earlier concussion worry they’ll be blamed for every symptom. That worry makes sense. The honest starting point is the crash itself, and the records show what changed.

How a Car Crash Can Worsen an Existing Brain Injury

A car crash can make an earlier brain injury worse, even if the first concussion seemed to heal. A brain that is still recovering may be more sensitive to a second impact. How much so varies from person to person.

A crash can aggravate symptoms such as headaches, dizziness, trouble with memory and concentration, sleep changes, irritability, and sensitivity to light or noise. Some people find old symptoms return. Others find them stronger, longer-lasting, or harder on work and family life.

The focus is often on the change the crash caused. The question isn’t only whether an earlier injury existed. It’s what the crash added to what was already there.

Symptoms can come and go. Tracking them day by day, as described below, helps show whether the crash changed your normal pattern.

Why Medical Records From Before and After the Crash Matter

Medical records from before and after the crash are the main way to show what changed. Records from before the crash show your health before the impact. They can include past concussions, treatment, medications, and how well you recovered.

Records after the crash build the timeline. Emergency room visits, primary care, neurology, and follow-up appointments document new symptoms and how they changed over time. Consistency matters here. When symptoms appear early and are reported again at later visits, the story holds together.

A few habits help. Tell every provider about earlier concussions, even minor ones. Keep a simple symptom log with dates. Attend follow-up visits, or tell your doctor why you missed one. Steady, honest records are more useful than a chart that looks perfect.

How Doctors Compare Baseline and Post-Crash Function

Doctors compare your baseline with your function after the crash. Baseline means how you were functioning before the impact. It comes from your own history, observations from family and coworkers, and any earlier testing.

After the crash, a clinician looks at changes in thinking, memory, attention, mood, sleep, and daily activities. The comparison asks what is different now. A change in how you handle work tasks, bills, or conversations can matter as much as a test score.

Standardized cognitive and neurological testing can measure current function. Comparing results over time helps show whether something changed. Imaging and clinical exams are used alongside symptom history and testing. No single result tells the whole story.

What Insurers Often Raise About Prior Concussions

An insurance company may point to an earlier concussion and argue your symptoms were already there. It may also argue the symptoms would have happened anyway. These arguments are common, and they call for a careful read of the full record.

A full review is the way to answer that argument. It should cover what was stable before the crash and what changed after. Symptoms that were well managed before and became more severe or different afterward are the kind of change records can document.

Two West Virginia rules also matter. Under W. Va. Code § 55-2-12, a personal injury action generally must be brought within two years after the right to sue accrues. Waiting can affect your claim, so timing matters.

Under West Virginia’s modified comparative fault rule, W. Va. Code § 55-7-13c, your damages are reduced by your own share of fault. Recovery is barred only if your fault is greater than the combined fault of all other parties. W. Va. Code § 55-7-13c reads: “(c) Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded.”

If You Had a Concussion Before Your Crash, Talk Through Your Records

If you had a concussion before a recent car crash, a free case review can help you sort through your records. Maybe headaches started after the impact, and you wonder whether they connect to your earlier injury. That uncertainty is normal, and you don’t have to sort it out alone.

We serve Charleston, Huntington, Morgantown, and communities across West Virginia. A free case review is confidential and carries no obligation to continue. To start, you can request a free case review with the firm.

Reach out soon if you can. Medical timelines and records are easier to organize while the details are still fresh.