Having a pre-existing medical condition doesn’t disqualify you from seeking compensation after an accident, but it can complicate your personal injury case in ways that many victims don’t expect. Insurance companies often try to use pre-existing conditions as a reason to reduce settlement offers, arguing that your current symptoms stem from previous health issues rather than the recent accident.
At Hollis Law Firm, we understand that pre-existing medical conditions are a fact of life for many people, and we don’t believe they should prevent accident victims from receiving fair compensation when someone else’s negligence makes their conditions worse. Our personal injury lawyer has over 15 years of experience handling complex cases involving pre-existing conditions, helping clients secure the compensation they deserve despite insurance company tactics designed to minimize their claims.
Understanding the “Eggshell Skull” Rule
Missouri follows the “eggshell skull” rule, which means that defendants must take their victims as they find them, including any pre-existing medical conditions or vulnerabilities. This legal principle protects accident victims by holding negligent parties responsible for all consequences of their actions, even if those consequences are more severe than they would have been for a perfectly healthy person.
For example, if you have a pre-existing back condition and someone rear-ends your car, causing your back injury to become significantly worse, the at-fault driver is responsible for all the additional pain, medical treatment, and limitations you experience as a result of the accident. The fact that you had a pre-existing condition doesn’t reduce their liability or your right to compensation.
This rule recognizes that many people live with various medical conditions that don’t prevent them from leading productive lives until an accident aggravates or accelerates their symptoms. Whether you have arthritis, previous injuries, degenerative disc disease, or other health issues, you still deserve protection under the law when someone else’s negligence affects your condition.
How Pre-Existing Conditions Complicate Your Case
While the eggshell skull rule provides legal protection, proving that an accident worsened your pre-existing condition requires careful documentation and professional medical testimony. Insurance companies will scrutinize your medical history, looking for ways to argue that your current symptoms are unrelated to the accident or that they would have developed anyway due to your pre-existing condition.
The challenge lies in distinguishing between symptoms that existed before the accident and new or worsened symptoms that resulted from the incident. This distinction becomes particularly important when dealing with conditions like arthritis or degenerative disc disease, where symptoms can fluctuate naturally over time regardless of any traumatic event.
Medical Documentation Is Critical
Comprehensive medical records become essential in cases involving pre-existing conditions. Your attorney will need access to your complete medical history, including records from before the accident that establish the baseline status of your condition. These records help demonstrate the difference between your pre-accident condition and your post-accident symptoms and limitations.
Expert medical testimony often plays a crucial role in these cases. Medical professionals can review your records, examine your current condition, and provide opinions about whether and how the accident contributed to your current symptoms. This testimony helps establish the causal connection between the accident and any worsening of your pre-existing condition.
Common Pre-Existing Conditions in Personal Injury Cases
Certain types of pre-existing medical conditions appear frequently in personal injury cases, and each presents its own unique challenges and considerations. Back and neck problems, including degenerative disc disease, herniated discs, and previous injuries from other accidents, are among the most common pre-existing conditions that can be aggravated by car accidents, falls, or other traumatic events.
Arthritis and other joint conditions can be significantly worsened by trauma, leading to increased pain, reduced mobility, and the need for more aggressive treatment. Mental health conditions, including depression, anxiety, and post-traumatic stress disorder, may also be exacerbated by the trauma of an accident, even if the primary injuries are physical in nature.
Age-Related Conditions
As people age, they naturally develop various medical conditions that may make them more vulnerable to injury or slower to heal from trauma. Insurance companies often try to attribute accident-related symptoms to the normal aging process, arguing that the victim would have experienced these problems regardless of the accident.
However, the law recognizes that older adults have the same right to compensation as younger accident victims. If an accident accelerates the progression of an age-related condition or causes symptoms to appear earlier than they otherwise would have, the responsible party remains liable for those consequences.
Strategies Insurance Companies Use
Insurance adjusters are trained to look for pre-existing conditions in medical records and will often use this information to challenge your claim. They may argue that your current symptoms are simply a continuation of previous problems, that you would have needed the same medical treatment regardless of the accident, or that your pre-existing condition makes it impossible to determine what portion of your damages stem from the recent incident.
Some insurance companies will offer settlements that only account for a portion of your damages, claiming that the remainder is attributable to your pre-existing condition. They may also demand access to extensive medical records going back many years, hoping to find evidence they can use to minimize your claim.
Building a Strong Case Despite Pre-Existing Conditions
Successfully handling a personal injury case with pre-existing conditions requires a strategic approach that addresses insurance company challenges head-on. This includes gathering comprehensive medical documentation that clearly establishes your condition before and after the accident, working with medical professionals who can provide credible testimony about the accident’s impact on your health, and presenting evidence that demonstrates how the accident has affected your daily life and activities.
Your attorney should also be prepared to counter insurance company arguments with evidence showing that your pre-existing condition was stable or well-managed before the accident and that your current symptoms represent a clear departure from your baseline condition.
Contact Hollis Law Firm About Your Pre-Existing Condition Case
Don’t let insurance companies use your pre-existing medical conditions as an excuse to deny you fair compensation after an accident. At Hollis Law Firm, we have recovered over $100 million in settlements and judgments for our clients, including many cases involving complex pre-existing condition issues.
We understand the medical and legal challenges these cases present, and we’re prepared to work with medical professionals and other specialists to build compelling evidence of how the accident has affected your life. Our experience handling pre-existing condition cases means we know how to counter insurance company tactics and fight for the full compensation you deserve. Call us at (800) 701-3672 or contact us today to schedule your free consultation and learn how we can help protect your rights despite the challenges that pre-existing conditions may present.
