A pre-existing condition is any health issue or prior injury that existed before the accident, such as chronic back pain, arthritis, or past surgeries. In Missouri, having a pre-existing condition does not automatically prevent financial recovery through an insurance claim or personal injury lawsuit. That being said, these cases are harder than those that don’t deal with pre-existing injuries, making it essential to always speak with a St. Louis personal injury lawyer before filing any type of claim. Contact us at Meyerkord & Kurth to discuss your legal options today.
Eggshell Plaintiff Rule – Take The Victim As They Are
When someone has a pre-existing injury, this doesn’t prevent them from obtaining compensation for new injuries. This is because of the eggshell plaintiff rule. The defendant takes the victim as they find them. This means a negligent party must pay for all harms their actions cause, even if the injured person has a pre-existing condition that makes injuries worse.
The Challenges of St. Louis Cases Involving Pre-existing Conditions
Pre-existing health issues can complicate personal injury claims after a crash. To win, you’ll need evidence showing the accident worsened a prior condition or caused a new injury. Here’s why these cases can be challenging:
Proving Causation Is More Complex
The claim must establish that the crash, not just the pre-existing issue, caused the harm. This involves medical experts linking specific symptoms to the accident and showing how they are different from how you are at baseline.
Calculating Damages is Sometimes Difficult
You’ll need to quantify extra medical costs, therapy, and any lost wages due to aggravated conditions. It can sometimes be difficult to differentiate between pre-existing injury expenses and new expenses you’re incurring.
Need For Multiple Specialists
Because aggravation can be complex, you often need input from several specialists – orthopedists, neurologists, or other experts – to explain how the crash worsened a pre-existing condition. This can be time consuming and expensive (though not at all impossible).
Proving Aggravation of a Pre-Existing Condition in St. Louis
Proving aggravation of a pre-existing condition after a crash means showing the accident made an existing health issue worse. Below are the main ways to establish that link and support your claim.
Medical Records From Before and After The Most Recent Accident
Your personal injury lawyer in St. Louis will gather and review all medical information from before the accident and after the accident to point out changes in symptoms, treatment plans, or new diagnoses that are tied to the collision. Consistent documentation over time can show that the aggravation of your condition was caused by the accident.
Diagnostic Imaging Showing Changes
Imaging like MRIs or X-rays can reveal new damage or progression of an existing issue. Radiologists can compare scans to show how the injury evolved after the crash.
Testimony from Treating Physicians and Specialists
Experts can explain how the trauma could worsen a prior condition and how that has affected your life and future care. Their explanations help an insurance adjuster or judge/jury understand complicated medical connections.
Witness Statements About Daily Changes
Friends, family, or coworkers can describe tangible changes in daily function, mobility, or work ability since the collision. These accounts show the real-world impact of how the accident has affected you and your existing injury.
Employment and Financial Records
Documentation of lost wages or changes in job duties since the accident can be used as evidence that you are worse physically than you were before the accident occurred.
It can be difficult to prove injuries when you have a pre-existing condition, but it’s not impossible. If you’re dealing with a pre-existing condition in a personal injury case, contact us for experienced help. We’ll get you set up with a free consultation so we can figure out what the next steps should be in your case.