Posted in Personal Injury Lawyer
Almost everyone reaches middle age with an old injury or a chronic condition on their medical record. When a new accident happens, those records quickly become a battlefield. Insurance carriers often try to pin every new symptom on what came before, and understanding how Virginia law treats prior injuries is the first step in protecting a fair recovery.
How a Pre-Existing Condition Affects a New Claim
Virginia law recognizes a long-standing tort principle. A negligent party must take the injured person as they find them. Courts and attorneys often call this the eggshell plaintiff rule, and it shapes how damages are valued when an old injury is part of the picture. Virginia’s model civil jury instructions reflect this principle in how judges direct juries to assess damages involving pre-existing conditions.
Under this rule, the at-fault party remains responsible for the harm they caused, even if the injured person was more vulnerable than average. A herniated disc that flares after a rear-end collision is still compensable. A weakened knee that fractures in a slip and fall remains the property owner’s responsibility, despite the prior condition.
Aggravation Versus a New Injury
This is the line that defense lawyers and adjusters work hardest to blur.
Aggravation of a Prior Condition
If a previous injury becomes worse after a crash, the responsible party owes damages for that worsening. The carrier is not on the hook for the original condition. They are accountable for the difference between where you were before and where you are now.
A Distinct New Injury
Sometimes a collision produces something entirely new. A driver with chronic lower back pain develops a shoulder injury from an airbag deployment. That shoulder is a separate matter. Confusing the two can cost a claimant significant money, and a careful Alexandria personal injury lawyer keeps each injury in its own lane.
How Insurance Companies Use Old Medical Records
Once a claim is filed, the insurance carrier will usually request a full medical history. They are looking for material that supports a familiar argument. A few of the patterns that come up again and again are:
- Pointing to an old diagnosis to suggest the new pain is unrelated.
- Cherry-picking notes from years past to imply you were already disabled.
- Arguing that treatment after the crash would have happened anyway.
- Questioning gaps in care to claim the original injury had fully healed.
None of these positions end a case. They simply mean the file needs to be built carefully, with the right medical opinions and a clear timeline of treatment before and after the incident.
Why Honesty With Your Attorney Matters
Hiding a prior injury rarely works. Medical records have a long memory, and insurance companies share data through national databases.
The better approach is candor from day one. A pre-existing file is often a useful piece of evidence, not a weakness, when it is presented openly and in context.
An Alexandria, VA personal injury lawyer can review your records, identify the strongest framing for your situation, and prepare for the arguments an insurer is most likely to raise.
How Cohen & Cohen Builds These Claims
At Cohen & Cohen, our team treats prior injuries as facts to manage, not obstacles to hide. The personal injury lawyer assigned to your matter will coordinate with treating physicians, gather records that show the contrast between your condition before and after the incident, and present a clean picture of what actually changed because of the defendant’s conduct.
If you were hurt in an accident and have a prior injury or chronic condition on your record, contact Cohen & Cohen to discuss how Virginia law applies to your situation and what evidence will give your claim the strongest footing.
