How Pre-existing Injuries Affect Personal Injury Claims

A pre-existing injury or medical condition refers to an injury or condition that you suffered prior to the injury for which you are currently filing a lawsuit. In this situation, you are required to disclose the presence of any pre-existing injury. Having a pre-existing injury or condition won’t keep you from recovering damages when you file a personal injury claim in Virginia, but it is considered when calculating an award for damages and may impact the value of your claim.

What is Considered a Pre-Existing Injury or Condition?

While any injury or condition that existed before you sustained new injuries can be considered a pre-existing medical condition, the most important in a personal injury case are those that affect or interact with the new injuries. Here are a few common examples of pre-existing injuries:

• Injuries that have not healed properly or are still in the process of healing
• Injuries you have sustained from a previous, unrelated accident
• Medical conditions that surface only during times of stress
• Birth defects or congenital abnormalities

Pre-existing injuries can be aggravated by a new injury to the same part of the body and that aggravation can increase resulting pain and suffering and delay your recovery.

Common Types of Pre-Existing Conditions or Injuries

It is common for accident victims who suffer from pre-existing injuries to feel worse or have further injury after a personal injury, such as a car accident or slip-and-fall accident. Common injuries that can be worsened include:

• Back injuries
• Neck injuries
• Previous fractures and breaks
• Heart and cardiovascular conditions
• Degenerative joint conditions
• Herniated discs
• Degenerative disc disease
• Neurological disorders (e.g., head injury, traumatic brain injury, multiple sclerosis, or epilepsy)
• Psychological conditions (e.g., PTSD or depression)
• Knee injuries
• Shoulder injuries
• Aggravated arthritis
• Sprains and strains

If you have a pre-existing condition, discussing it in detail with your attorney is important.

What if a Car Accident Aggravates a Pre-Existing Condition?

If a car accident aggravates a pre-existing condition, it is very likely the insurance company is going to try to reduce the amount of your compensation. The reality is insurance adjusters will try to attribute any new injury you suffer to the old injury or prior condition so they can avoid having to make a payout or, at least, reduce what they offer as compensation.

It is important to have a thorough conversation with your attorney and provide the details of both your prior and current injuries. You will want to have good medical records that show the car accident caused the aggravation.

It is not advisable to try to hide your pre-existing condition because this can be viewed as a misrepresentation and harm your entire case. Speaking to a personal injury lawyer before answering any questions the insurance company asks is advisable.

How Can You Prove an Accident Caused an Aggravation of a Pre-Existing Injury?

You will likely need to provide different evidence for your accident claim to prove an accident caused an aggravation of a prior injury or condition. Establishing a connection between a current accident and the worsening of a pre-existing condition can be challenging. Helpful items include:

• Comprehensive medical records outlining both the prior and current situation
• Documentation of pain and disability before and after the accident
• Photographic and video evidence taken before and after the accident
• Input from expert witnesses, such as a medical professional
• A clear and documented chronological chain of events
• Eyewitness testimony from individuals who knew the injured party before and after the accident

Working with a knowledgeable and skilled personal injury attorney can assist you with assembling the evidence you need, helping to strengthen your case. This is important since the insurance company will likely do everything it can to dismiss or minimize the value of your claim.

What is the Eggshell Rule in Virginia?

The eggshell rule, also known as the “thin skull rule” is a common-law doctrine indicating a defendant must “take the plaintiff as they find them.” Generally favorable to plaintiffs, this rule means if the injured party has a pre-existing condition making them more susceptible to more harm, the defendant is still fully liable for damages.

This situation can get tricky since defendants, their attorneys, or insurance companies may argue the pre-existing condition is the sole reason for the eggshell plaintiff’s injuries or present other arguments to reduce their liability. The plaintiff must demonstrate they are more susceptible to new injury than the average person due to their frailty from the pre-existing health condition.

This rule would apply, for example, if a person who previously suffered an injury or condition is more likely to suffer injuries that the average person wouldn’t.

• A person suffering a traumatic brain injury makes them more susceptible to second-impact syndrome.
• A person with osteoporosis may have a higher-than-average risk of bone fractures.

These cases would likely meet the criteria for the eggshell rule. Montagna Law is fully versed in the eggshell rule and can look at all aspects of your case to see if it will apply to your physical and emotional injuries.

Can You Receive Compensation for a Pre-Existing Injury in Virginia?

If you suffer an aggravation to a pre-existing injury after experiencing a new accident, you may be eligible to receive compensation. This situation is more complex than the average personal injury case since you will need to prove a clear link to demonstrate the extent to which your pre-existing condition was worsened.

It is important to understand that if your injury involves neck or back pain from a prior injury, this may make your case more difficult to prove. In this situation, consult with an experienced Virginia personal injury lawyer.

Why You Need a Personal Injury Attorney

Without an attorney, you have to defend your medical history and prove that your current injuries are largely due to the accident and not your pre-existing medical condition. In order for your previous injuries to significantly impact your personal injury claim, you have the burden of proving that your pre-existing injuries have a causal relationship with your current injuries. An attorney is able to defend your medical history and can likely prove that your current injuries are primarily due to your recent incident and not your prior medical condition.

For an attorney to properly prepare for your particular situation, it is imperative you disclose your prior medical history, no matter how unrelated your current injuries may seem. An attorney can then use past medical records and diagnostic tests and compare them with new records and tests to determine how the accident worsened the pre-existing condition. The attorney can also use clinical records to compare the plaintiff’s extent of necessary care, degree of pain, or disability before and after the incident.

If you or a loved one is pursuing a personal injury claim and has a pre-existing condition, it is imperative you contact a knowledgeable Virginia personal injury lawyer at Montagna Law for assistance. We’ll help you to understand how your pre-existing condition may impact your claim, why the defendant might use it to discredit your new injuries, and how you can help us to present the most effective case under your particular circumstances.

Additional Resources

• Virginia Personal Injury & Accident FAQ: Personal injury law in Virginia empowers injured persons to recover a wide range of damages due to the fault or negligence of another party. Learn how an experienced Virginia personal injury lawyer can help evaluate your case and determine what type of accident settlement may be available.
• Nine Common Types of Personal Injury Cases: Personal injuries occur from a variety of sources, but the nine most common include automobile accidents, workplace injuries, dog bites, boating accidents, premises liability, product liability, medical malpractice, wrongful death, and nursing home abuse and neglect.

Why Work With Montagna Law

Montagna Law is fully committed to helping injury victims obtain the compensation they need to help them pay for medical bills, lost income, loss of earning capacity, pain and suffering, and other losses they endure. The attorney-client relationship is of the utmost importance to us, and we will work hard on your behalf to provide legal advice and build your case before pursuing an injury settlement.

Our legal team has proudly been serving the entire Hampton Roads area for decades. Montagna Law’s attorneys are dedicated to each case and will tirelessly work on your behalf to prove the other party’s negligence in your accident case. Your needs will set the course of how we approach your legal situation.

Did an Accident Aggravate a Pre-Existing Condition? Contact Us.

Montagna Law is firmly committed to representing people who suffer injury in the Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Suffolk. Our Hampton Roads law firm is proud of our dedication and track record of helping those in need of legal representation.

To schedule a free consultation with one of our experienced personal injury attorneys, call our law office’s phone number, 877-622-8100, or fill out our online contact form.