Perhaps the adjuster asked about your old back surgery before asking about the crash, or your settlement offer arrived with a note blaming “degenerative changes.” Neither changes the basic rule.
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The “Eggshell Plaintiff” Rule: Why Pre-Existing Conditions Don’t Negate Your Claim
A previous back injury, arthritis, or another medical condition does not automatically prevent you from recovering compensation after an accident. Under Virginia's eggshell plaintiff rule, the person responsible for your injuries cannot avoid liability simply because you were more vulnerable to harm. However, you must show that the accident caused a new injury or worsened your existing condition.
Insurance companies may point to your medical history to argue that your current pain comes from an old condition rather than the accident. Medical evidence can help establish what changed after the injury.
At Forbes Law Firm, we represent injured individuals in Hampton and surrounding Virginia communities. We review medical records, investigate disputed injuries, and help clients pursue compensation when an accident aggravates a pre-existing condition. Contact us for a free consultation to discuss your claim.
What the Eggshell Plaintiff Rule Means
The eggshell plaintiff rule makes a negligent person responsible for the full extent of the injuries they cause, even when the injured person was unusually fragile. The name comes from a classic law school example: A person with a skull as thin as an eggshell is badly hurt by a blow that would only bruise most people.
For example, suppose a driver rear-ends you, aggravating arthritis in your neck or an earlier back injury. If you establish that the driver's negligence caused the collision and worsened your condition, you may recover damages for that aggravation, even if someone without your medical history would have suffered a less serious injury.
Aggravation Versus the Original Condition
Virginia law allows you to recover compensation when an accident worsens a pre-existing condition, but not for the condition itself. The Supreme Court of Virginia recognized this distinction in Bradner v. Mitchell. Virginia Model Jury Instruction 9.030 also explains that compensation may cover the worsening of an existing condition or additional complications caused by the accident.
For example, suppose you had occasional knee pain that you managed with over-the-counter medication. After a fall, your pain becomes severe enough to require surgery. You may recover compensation for the additional pain, surgery, and recovery time if the evidence shows that the fall caused your condition to worsen.
However, you generally cannot recover for treatment you would have needed even without the accident. You also do not need an entirely new diagnosis to have a valid claim. Increased pain, new physical limitations, or additional treatment may qualify as compensable harm if you can show that the accident caused those changes.
Why Insurers Focus on Your Medical History
An insurer may review your earlier medical records and argue that your current symptoms reflect the natural progression of an existing condition rather than an accident-related injury. That argument can carry weight if nothing contradicts it, because you bear the burden of proving that the accident caused the harm you claim.
Still, an adjuster's statement that your condition “would have gotten worse anyway” is a factual position, not a legal conclusion, and medical evidence can challenge it.
Downplaying prior treatment usually backfires. Old records tend to surface, and a credibility problem can hurt your claim far more than the condition itself. Be accurate about previous diagnoses, treatment, and symptoms, including periods when your condition improved or no longer required treatment.
Evidence That Separates Old Pain From New Injury
Medical records and other evidence can establish how your condition changed after the accident. Building that picture is central to how we handle Virginia personal injury claims involving earlier injuries or chronic conditions. Useful evidence often includes:
Medical records showing your condition was stable, managed, or symptom-free before the accident
A treating physician’s opinion explaining what changed, such as new imaging findings or a different treatment plan
Employment records showing work you could do before and cannot do now
Accounts from family, friends, or coworkers describing changes in your daily routine
Some degenerative changes appear on medical imaging even when a person previously experienced little or no pain. A doctor may be able to explain whether the accident caused those changes to become symptomatic.
However, imaging alone may not establish when an injury developed or whether the accident caused it. A physician may need to compare your symptoms, examinations, treatment history, and earlier imaging to explain the connection.
Filing Deadlines and Fault Still Apply
The eggshell plaintiff rule affects how damages are measured. It does not decide who was at fault, and it does not give you more time to file.
Virginia generally requires personal injury lawsuits to be filed within two years after the cause of action accrues, usually the date of the injury. However, exceptions and special requirements may apply, including different notice rules for certain claims against government entities.
Virginia also follows contributory negligence, a strict rule that can bar your recovery if your own negligence was a contributing legal cause of the accident. Having a pre-existing medical condition does not, by itself, make you contributorily negligent.
An insurer may dispute both liability for the accident and whether the accident aggravated your condition. Gathering medical records and other evidence early gives you more time to address these issues before the applicable filing deadline.
Talk With Forbes Law Firm About Your Aggravated Injury
When an insurer disputes whether an accident worsened your condition, we can evaluate the medical evidence, challenge unsupported causation arguments, and pursue your claim through negotiation or litigation when appropriate.
Our attorney, Stephen F. Forbes, has practiced law in Hampton Roads since 1982. As the firm's owner and primary litigator, he represents individuals in personal injury lawsuits, including claims arising from automobile accidents.
We represent clients in Hampton, Newport News, Williamsburg, Poquoson, and York County. If an accident aggravated an existing condition, contact Forbes Law Firm for a free consultation to discuss your legal options. Call (757) 825-8835 to schedule your free initial meeting.
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