You can generally seek compensation when a car accident aggravates a pre-existing condition, even though you cannot recover damages for the underlying condition itself. Kansas and Missouri both follow a version of the eggshell plaintiff rule, which holds a negligent driver responsible for the additional harm caused by an accident, even if a healthier person would not have been hurt as badly.
Suffering injuries in a car accident can have a serious impact on your life, especially if you already live with a pre-existing condition. These claims can be more complex than a standard injury claim, so having an experienced car accident lawyer who understands how to separate old symptoms from new ones is important.
At Hollis Law Firm, we understand the nuances of car accident claims that involve pre-existing conditions and how legal principles like the eggshell plaintiff rule can help you pursue the compensation you deserve. We take the time to understand your medical history so we can build a claim that accurately reflects how the accident changed your condition.
How Can Pre-Existing Injuries Impact Your Car Accident Claim?
In the context of car accidents, a pre-existing condition includes any medical condition or injury you had before the collision, including chronic illnesses. These issues can become aggravated after a car accident, resulting in treatment you would not otherwise have needed. Common examples of conditions that car accidents can aggravate include:
- Back injuries
- Traumatic brain injuries (TBIs)
- Bone fractures
- Osteoporosis
- Degenerative disc disease
- Herniated disc
If you have a pre-existing condition that was worsened by a car accident, insurance companies may try to attribute your pain, suffering, and medical costs to your prior condition rather than the crash. If someone else’s negligence caused the accident and worsened your condition, however, you generally have the right to pursue compensation for that additional harm.
For example, if you have osteoporosis, which increases susceptibility to bone fractures, and you suffer a broken bone in a car accident, you would likely not receive payment for medication used to treat the osteoporosis itself, but you could seek compensation for the medical treatment tied to the broken bone. Because insurers often push back on these distinctions, having someone negotiate with adjusters on your behalf can make a meaningful difference.
What Is the Eggshell Plaintiff Rule?
Missouri and Kansas both recognize a version of the eggshell plaintiff rule, a legal principle that requires defendants to take victims as they find them after an accident. This means that regardless of your fragility or susceptibility to injury, the liable party remains responsible for the damages their negligence caused.
Even if someone with no pre-existing condition would not have suffered the same injuries, or the at-fault party did not know about your pre-existing condition, the negligent party may still be held accountable. How this rule applies depends on the severity of your injuries, the strength of your medical documentation, and other facts specific to your claim.
How Do You Prove the Difference Between an Old Injury and a New One?
The core challenge in these claims is drawing a clear line between the condition of your body before the accident and its condition after. Medical records from before the crash, including imaging, treatment notes, and any prior diagnosis, help establish your baseline. Records from immediately after the accident, along with consistent follow-up treatment, help show what changed.
A gap in treatment after the accident can make this comparison harder for your attorney to establish, since insurers often argue that a delay in seeking care means the accident was not the true cause of your worsened symptoms. Seeking prompt, consistent medical care after the crash is one of the most effective ways to protect a pre-existing condition claim.
How Do Insurance Companies Typically Respond to These Claims?
Insurance adjusters frequently request your full medical history when a pre-existing condition is involved, and they may argue that your current symptoms stem entirely from your prior condition rather than the accident. A treating physician’s opinion distinguishing the aggravation from the underlying condition, along with Kansas and Missouri comparative negligence rules, both play a role in how these disputes are ultimately resolved.
Schedule a Free Consultation With Hollis Law Firm
Having a pre-existing condition can make recovering damages after a car accident more challenging, but you do not have to handle the legal and medical documentation alone. At Hollis Law Firm, we work closely with clients to build claims that clearly separate a prior condition from the harm caused by someone else’s negligence.
We bring years of experience helping car accident victims with pre-existing conditions pursue fair compensation, starting with a free consultation. To schedule yours, complete our contact form.
Frequently Asked Questions About Car Accidents and Pre-Existing Conditions
Can I still get compensation if the insurance company blames my pre-existing condition?
Yes, you can generally still pursue compensation. Insurance companies frequently point to a pre-existing condition to reduce a payout, but the eggshell plaintiff rule allows you to recover for the additional harm the accident caused, even if it aggravated a condition you already had.
Do I need to disclose my pre-existing condition to the insurance company?
Insurance companies typically request medical records as part of their investigation, and your prior condition will likely come to light regardless. Being upfront about your medical history, paired with clear documentation of how the accident changed your condition, generally supports a stronger claim than trying to hide it.
What if I did not have symptoms from my pre-existing condition before the accident?
A condition that was previously asymptomatic or well managed, and became symptomatic or worsened after the accident, can still support a claim. Medical records showing the absence or stability of symptoms before the crash help establish this change.
Does a gap in treatment hurt a pre-existing condition claim more than a typical injury claim?
Generally, yes. Because the claim already depends on distinguishing old symptoms from new ones, a treatment gap gives insurers an additional argument that your current condition is unrelated to the accident, making prompt and consistent care especially important.
Is the eggshell plaintiff rule the same in Kansas and Missouri?
Both states recognize the same general principle that a negligent party is responsible for the full extent of harm caused, even to a more vulnerable victim, though the specific application can depend on the facts of your case and how each state’s courts have interpreted the rule.
