After a car accident, many walk away from rightful compensation simply because of a pre-existing injury or health condition. This is a costly misconception to have. In reality, a prior condition does not disqualify you from filing a car accident claim.
Even if the accident only worsened what was already there, the at-fault driver still carries liability for what their actions caused. Virginia and Maryland both recognize this. So before you write off your claim, it helps to understand how both states treat pre-existing conditions and what steps you can take to build a stronger case.
How Virginia and Maryland view existing conditions
Courts in both Virginia and Maryland follow the “eggshell plaintiff” rule. It holds that the at-fault driver is responsible for you as you are — prior conditions and all. They cannot avoid responsibility simply because you are more vulnerable than a person with no prior condition.
However, you must still show that the accident caused harm beyond what your pre-existing condition would have naturally made on its own. Your medical records and doctor’s findings typically serve as the most direct way to establish that difference.
What you can do right now
Insurance companies look for every opportunity to reduce what they owe you. When a pre-existing condition is part of your medical history, adjusters often use it to argue that your injuries existed before the crash or that the accident did not make things worse. Protecting your claim means staying one step ahead of those tactics. Here is what you can do:
- Be upfront about your medical history.
- Seek immediate medical attention.
- Document any changes in your symptoms.
- Avoid giving recorded statements without legal guidance.
A pre-existing condition does not have to define what your claim is worth. Taking these steps puts you in a far better position to show what the accident truly cost you — and that difference matters.
You have more ground to stand on that you think
An existing condition is not a dead end for your car accident injury claim. What the accident added to your suffering is a focus for the law – and both Virginia and Maryland give you a real path to pursue what you deserve.
These cases do carry real complexity. But walking away from a claim without fully understanding your options is a far costlier decision than most people realize.