Preexisting condition aggravation eggshell plaintiff lawyer

Almost every adult has something on an MRI. Degenerative change, an old injury, a prior course of treatment — and a carrier will present any of it as the real explanation for what you are experiencing now. The answer is a settled principle: a defendant takes the injured person as they find them, and making an existing condition symptomatic is causing injury. Law Offices Of SRIS, P.C. handles injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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The baseline is the whole case

What matters is not whether something existed before but whether it was causing symptoms and limiting function. That baseline is built more from ordinary records than medical ones: employment records showing full duties performed, attendance without absence, physical activity, and the documented absence of complaints in any medical file. Where prior imaging exists, direct comparison is powerful. Where prior treatment exists, its endpoint — that the person was discharged and asymptomatic — matters more than that it occurred.

What the principle actually says

A defendant is generally responsible for the harm caused to the person actually injured, not to a hypothetically healthy one. A person with a degenerated spine, a prior concussion, thin bones or a susceptibility to a particular condition is not entitled to less because they were more vulnerable. What the principle does not do is make a defendant responsible for a condition that would have become symptomatic anyway on the same timescale — which is why the distinction between causation and acceleration matters.

Aggravation, acceleration and apportionment

Three related but distinct positions. Aggravation: a stable or asymptomatic condition became symptomatic. Acceleration: a condition that would eventually have become symptomatic did so materially sooner, and those lost years are the loss. Apportionment: where a pre-existing condition contributed independently, a court may divide the harm — the rules for which vary by jurisdiction. Framing the claim accurately as the right one of these is considerably stronger than overstating it.

How carriers use prior records

By obtaining the full medical history and presenting every prior entry as evidence the condition predated the incident. By pointing to degenerative findings on imaging as proof of a long-standing problem. By locating a prior similar complaint, however remote or resolved. This is why prior records should be obtained and reviewed by your own side first — being surprised at deposition by a record you had not seen is far worse than addressing it in advance.

Presenting it honestly

Do not claim the spine was perfect. That claim is disprovable and it damages everything else. The accurate and stronger position is that whatever was present was not causing symptoms and not limiting you, and that the incident changed that. Build the baseline from work and activity records, obtain prior imaging for comparison, and have the treating physician address aggravation or acceleration directly rather than leaving causation unstated in the chart.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is the eggshell plaintiff principle?

That a defendant takes the injured person as they find them and is generally responsible for the harm actually caused, rather than the harm a hypothetically healthy person would have suffered. Being more vulnerable to injury is not a reason to recover less.

My MRI shows degeneration. Does that end my claim?

No. Degenerative change is present in a large proportion of adults who have no symptoms at all. Its presence establishes that your body has aged, not that the incident did nothing. The question is whether the incident made an asymptomatic or stable condition symptomatic.

What is the difference between aggravation and acceleration?

Aggravation means a stable or asymptomatic condition became symptomatic because of the incident. Acceleration means a condition that would eventually have become symptomatic did so materially sooner — and those lost years of function are themselves the loss. Both are compensable; framing the right one matters.

Should I say I had no problems before?

Only if it is true. Overstating the baseline is the most damaging thing you can do, because prior records will be obtained and any inconsistency undermines everything else you say. The stronger position is that whatever existed was not limiting you, which is usually both accurate and provable.

Why do you want my old medical records?

Because the defense will obtain them regardless, and it is far better to know their contents in advance than to be confronted with them at deposition. Prior records also frequently help — a documented discharge from earlier treatment as asymptomatic is affirmative evidence of your baseline.

What if I had treatment for the same body part before?

It complicates the record but does not defeat the claim. What matters is the endpoint of that earlier treatment: whether you were discharged, whether you had returned to full function, and how long you had been symptom-free. Address it directly rather than hoping it will not surface.

What is apportionment?

Where a pre-existing condition contributed independently to the current position, a court may divide responsibility between it and the incident. The rules vary by jurisdiction. It is a reason to establish the baseline carefully, because the clearer your prior function, the smaller the share attributable to anything else.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules and to shorter notice requirements where a government entity is involved. Confirm the deadline on your own facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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