One of the most common concerns injured people bring up after a car accident is whether a preexisting condition will hurt their chances of getting a fair settlement. It is a reasonable concern, and insurance companies count on victims not fully understanding the answer.
The short version is this: a prior injury does not eliminate your right to compensation. But it does add a layer of complexity that needs to be handled carefully from the start.
If you’ve been injured in a crash, it’s important to consult with a Virginia Beach car accident lawyer to find out what legal recourse you may have. At Shapiro, Washburn & Sharp, we’ve been advocating for accident victims for more than four decades and can help you get the compensation you deserve.
How Insurance Companies Use Preexisting Conditions Against You
When you file a claim after a car accident, the at-fault driver’s insurance company will look for any reason to reduce what they owe you. A preexisting condition is one of their favorite tools.
Their argument is straightforward. They will claim that your pain, your limitations, or your medical expenses are not the result of the accident but are simply a continuation of something already wrong with you. This is often an unfair characterization, but without proper documentation and legal guidance, it can be difficult to counter.
Common conditions that insurance adjusters try to use as leverage include:
- Prior back or neck injuries
- Degenerative disc disease
- Previous fractures or joint problems
- Arthritis or chronic pain conditions
- Prior surgical history in the area now affected by the accident
The existence of any of these does not mean the accident did not cause you new harm or make your existing condition significantly worse. It means you need to be prepared to demonstrate that clearly.
The Eggshell Plaintiff Doctrine
Virginia law recognizes what is often called the eggshell plaintiff rule. Under this legal principle, a defendant “must take the victim as they find them.” This means that even if you were more vulnerable to injury because of a preexisting condition, the at-fault driver is still liable for the harm their negligence caused.
For example, a person who suffers a back injury in a rear-end crash due to the negligence of the other driver. A person with no prior back injury may walk away from the crash with just minor soreness and no residual issues. However, a person with a prior back injury now requires surgery due to that same impact. That person can pursue compensation for this harm. The at-fault driver doesn’t get a discount simply because the victim’s body was already compromised.
A Virginia Beach car accident lawyer can explain how this doctrine applies to your specific situation and use it to push back against attempts to minimize your injuries.
The Aggravation of a Preexisting Condition
There is an important distinction between a condition that was already causing problems and one that was dormant or well-managed before the accident. Both can support a valid claim, but they are handled differently.
If you had a prior back injury that was symptomatic before the crash, you can still recover for any measurable worsening caused by the accident. If you had degenerative disc disease that was largely asymptomatic until the collision aggravated it, you can potentially recover for the full impact of the newly triggered symptoms.
The key in both scenarios is medical documentation that establishes a clear before-and-after picture. Treatment records from before the accident, imaging studies, and your treating physician’s assessment of how the accident changed your condition all become important pieces of evidence.
What You Can Do to Protect Your Claim
There are practical steps that make a real difference when a preexisting condition is part of your case.
Be upfront with your medical providers and your attorney. Trying to hide a prior injury almost always backfires. Insurance companies obtain medical records, and if they discover an undisclosed history, it damages your credibility across the entire claim.
Seek treatment promptly after the accident. Gaps in care give insurers room to argue that your injuries were not serious or that something else caused your symptoms.
Get a clear medical opinion connecting the accident to your current condition. Your treating physician or a specialist should document, in specific terms, how the collision affected your preexisting condition or created new problems alongside it.
Keep records of everything, including:
- All medical appointments and treatment notes
- Imaging results before and after the accident
- Prescription records and therapy logs
- Correspondence with insurance companies
- Documentation of how your daily life and ability to work have changed
Virginia’s Contributory Negligence Standard
It is worth noting that Virginia follows a contributory negligence rule, which is one of the strictest in the country. If an injured person is found even partially at fault for the accident, they may be barred from recovering anything at all. This makes it even more important to build a thorough, well-documented case that squarely places liability where it belongs.
Your Prior Condition Does Not Define Your Claim
Preexisting injuries are a normal part of life, and most people over a certain age have some history of physical issues. The law does not expect you to be in perfect health before an accident to deserve compensation. What it requires is that you prove the accident caused measurable harm, whether new or aggravated, and that you pursue your claim in a way that holds up to scrutiny.
The Virginia Beach car accident attorneys at Shapiro, Washburn & Sharp understand how insurance companies approach preexisting condition arguments and how to counter them effectively. Our firm has a strong record of results for injured clients, including a $675,000 settlement for a client whose prior injuries were aggravated in a serious collision. Contact us at 833-997-1774 for a free consultation. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to help you understand your options.