Suppose you're driving through Richmond when an 18-wheeler runs a red light and slams into your SUV. The collision sends shooting pain through your back, the same back that's bothered you for years from an old sports injury.
At The Mottley Law Firm, our Richmond truck accident lawyer understands that many accident victims worry their pre-existing conditions will hurt their legal case. Virginia law protects your right to compensation when a truck accident worsens an existing condition or creates new injuries on top of old ones.
Virginia's Eggshell Plaintiff Rule for Injury Claims
Virginia courts follow the "eggshell plaintiff" doctrine through established case law precedent. This legal principle means defendants must accept victims as they find them, regardless of underlying health issues.
Responsibility for Damages
Under this rule, trucking companies cannot escape liability simply because you were more susceptible to injury. They remain responsible for damages that flow directly from the accident, including aggravation of your pre-existing conditions and new injuries caused by the collision. However, they are not liable for unrelated future deterioration that would have occurred naturally without the truck accident.
Consider this scenario: Maria has chronic arthritis in her neck from a decades-old workplace injury. When a delivery truck rear-ends her car on I-95, the impact aggravates her arthritis and causes new herniated discs. The trucking company remains liable for both the trauma-related worsening of her existing arthritis symptoms and the new spinal injuries caused by their driver's negligence.
Proximate Cause of Injury
Courts consistently hold that defendants cannot use a plaintiff's pre-existing vulnerability to reduce their liability for harm caused by their negligence. The focus remains on whether the defendant's actions were the proximate cause of increased injury, regardless of the victim's baseline health status.
Proving Aggravation vs. Natural Progression
Successfully demonstrating that a truck accident worsened your pre-existing condition requires overcoming Virginia's burden of proof requirements. You must prove that your condition worsened and the truck accident trauma, not natural progression, caused this deterioration.
Medical Documentation Strategy
Pre-accident medical records establish your baseline condition, while post-accident documentation shows how the truck crash changed your symptoms. The more detailed these records are, the stronger your case becomes. Medical records showing a dramatic change in treatment needs help prove the accident's impact versus natural disease progression.
Expert Medical Testimony
Orthopedic surgeons, neurologists, and other medical professionals can testify about the relationship between your pre-existing condition and the truck accident. These doctors analyze your medical history and provide expert opinions, distinguishing trauma-related worsening from natural deterioration.
Common Defense Tactics Used by Insurance Companies
Trucking company insurers aggressively challenge claims involving pre-existing conditions to limit or reduce their liability.
Blame All Symptoms on Pre-Existing Issues
Insurance adjusters frequently argue that your current pain stems entirely from pre-existing conditions rather than the truck accident. They may claim the collision was minor and couldn't have caused significant injury to someone with your medical history.
Request Excessive Medical Records
Defense attorneys often demand extensive medical records dating back years before your accident. They search for any evidence suggesting your condition was worsening naturally, not due to the truck collision.
Question Treatment Gaps
If you didn't seek immediate medical treatment or had gaps in your care, insurance companies suggest this proves the accident didn't cause significant injury.
How to Protect Your Legal Rights After an Accident
Taking the right steps after a Virginia truck accident is particularly critical when you have pre-existing health issues.
Get Immediate Medical Attention
Seek medical care immediately after the truck accident, even if your injuries seem minor. Tell your healthcare providers about all your symptoms, including any worsening of pre-existing conditions. Be specific about how your pain or limitations differ from your baseline condition before the accident.
Maintain Detailed Records
Keep comprehensive records of your medical treatment, symptoms, and how they affect your daily life. A pain diary documenting your daily symptoms, medication use, and activity limitations provides powerful evidence of the accident's impact.
Follow Medical Recommendations
Attend all medical appointments and follow your doctor's treatment recommendations. Insurance companies scrutinize your medical compliance and may argue that failure to follow treatment suggests your injuries aren't serious.
Why Experience Matters
Virginia truck accident cases involving pre-existing conditions require attorneys with a deep understanding of both personal injury law and medical issues.
Richmond truck accident lawyer Kevin W. Mottley has handled numerous cases where pre-existing conditions created legal challenges. His track record of multi-million dollar settlements demonstrates his ability to overcome insurance company tactics and secure fair compensation for clients with medical histories.
Pre-existing conditions don't have to derail your truck accident claim. With proper legal representation and medical documentation, you can recover the compensation you deserve for both new injuries and aggravated existing conditions.