Prior Back Pain or Degenerative Discs? How Virginia Law Protects Pre-Existing Condition Aggravation
Short answer: Yes. Insurance adjusters cannot deny your claim simply because you had prior back pain, arthritis, or degenerative disc disease. Under Virginia's 'Eggshell Plaintiff' doctrine (Virginia Model Jury Instruction No. 33.020), a negligent driver takes the victim as they find them. If a crash aggravates, worsens, or activates a previously stable or asymptomatic condition, the driver is fully liable for the full extent of the aggravation.
One of the most frustrating adjuster tactics following a car accident is the 'pre-existing condition' denial. If an MRI reveals degenerative disc disease or if medical records show you saw a chiropractor three years ago, the insurance company will argue the crash didn't cause your pain - aging did.
That argument distorts Virginia law. Having a prior medical history does not disqualify you from financial recovery; in fact, Virginia law explicitly protects injured people whose conditions are made worse by a crash.
The 'Eggshell Plaintiff' Rule in Virginia
Under Virginia law, a negligent driver is legally responsible for all injuries caused by their negligence, even if the victim was unusually fragile or susceptible to injury.
This is codified in Virginia Model Jury Instruction No. 33.020. If a jury finds that a crash aggravated or flared up a pre-existing physical condition, arthritis, or prior spinal vulnerability, the defendant must pay for all additional pain, medical care, and disability resulting from that aggravation.
Asymptomatic vs. Aggravated Conditions
Virginia law distinguishes between two key medical scenarios:
1. Pre-Existing Asymptomatic Conditions: You had underlying degenerative disc disease on paper, but had zero pain or treatment before the crash. The trauma activated the condition, causing acute symptoms. The insurer is liable for the full injury.
2. Symptomatic Aggravation: You had manageable, periodic back pain prior to the crash, but the collision severely increased your pain level or necessitated surgery. The insurer is liable for the delta - the degree of worsening and additional treatment caused by the crash.
How Insurers Use Medical Authorization Forms Against You
Shortly after a crash, adjusters often send broad medical authorization releases asking for access to your entire lifelong medical history. They use this data to hunt for any past mention of back, neck, or joint pain to construct a pre-existing defense.
Never sign a blanket medical release without attorney review. An experienced attorney limits medical record disclosures strictly to relevant treatment records to protect your privacy and your claim.
How to Prove an Aggravation Claim
Proving aggravation requires clear clinical comparison:
- Baseline Comparison: Comparing pre-crash medical records (showing minimal or managed symptoms) with post-crash diagnostic imaging (MRIs showing new nerve impingement or disc tears).
- Treating Physician Testimony: Medical opinions from your orthopedic specialist or neurologist confirming the crash proximately caused the acute flare-up or structural damage.
- Direct references to expert clinical evaluations, such as those detailed in our guide on normal X-rays and spinal injuries.
Consult a Virginia Beach Personal Injury Attorney
Under Va. Code § 8.01-243, you have two years from the date of the accident to file a claim. If an insurer is attempting to discount your claim due to past medical history, speak with a Virginia Beach personal injury lawyer before accepting a lowball settlement.
Scott is a Virginia Beach personal injury attorney with 20+ years representing accident victims across Hampton Roads. He handles every case personally, on a no-win, no-fee basis.
This article is general information about Virginia law, not legal advice, and does not create an attorney-client relationship. Deadlines and exceptions depend on your specific facts, consult a licensed attorney about your situation.