What if a Car Accident Aggravated a Pre-Existing Condition?

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Hollis Law Firm
LEGALLY REVIEWED BY:
Managing Attorney
Last updated on October 9, 2024

Suffering injuries in a car accident can have a serious impact on your life, especially if you have a pre-existing condition. While you may not be able to receive compensation for a pre-existing condition or injury, if the accident aggravated this issue, you may seek damages because the liable party’s negligence worsened your condition. These types of claims can be complex, so having an experienced car accident lawyer by your side who will fiercely advocate for your rights is essential.

At Hollis Law Firm, we understand the nuances of car accident claims that involve pre-existing conditions and how regulations like the eggshell plaintiff rule can help you secure the compensation you deserve. With our personalized approach, we take the time to listen to your story and understand your needs to develop an innovative strategy that gives you the best chance of achieving a successful outcome. We communicate with you every step of the way so you understand your rights and legal options after a car accident when you have a pre-existing condition. 

How Can Pre-Existing Injuries Impact Your Car Accident Claim?

In the case of car accidents, a pre-existing condition includes any medical condition or injury you sustained before the collision, including chronic illnesses. These issues can become aggravated after a car accident, resulting in treatment you would not have needed otherwise. Some common examples of injuries and conditions that car crashes can aggravate include the following:

If you have a pre-existing condition that was exacerbated by a car accident, insurance companies may try to blame your injuries on your medical condition, claiming your pain, suffering, and medical costs are a result of a previous injury and not the crash. However, if someone else’s negligence causes the car accident and worsens your pre-existing condition, you have the right to pursue compensation. 

For example, if you have osteoporosis, which makes you susceptible to bone fractures, and you suffer a broken bone in a car accident, you may not receive payment for any medication you take to treat the osteoporosis, but you can seek compensation for any medical treatment associated with your broken bone. We understand this can be complicated, so we negotiate with insurance adjusters on your behalf.

What Is the Eggshell Plaintiff Rule?

Missouri and the rest of the states have their version of the eggshell plaintiff rule, which is a legal principle that requires defendants to take victims as they find them after car accidents. This means that regardless of your fragility or susceptibility to injuries, the liable party is still responsible for the damages their negligence caused.

Even if someone with no pre-existing condition would not have suffered the same injuries or the liable party did not know about the victim’s pre-existing condition, the negligent party may still be held accountable. How this rule is applied depends on the severity of your injuries, your location, and other facts of your claim. Our knowledgeable lawyer understands how this doctrine may impact your claim and how we can use it to secure a successful outcome.

Schedule a Free Consultation With the Seasoned Car Accident Lawyer at Hollis Law Firm

Having a pre-existing condition can make recovering damages after a car accident even more challenging. Fortunately, you do not have to handle the legal process alone. At Hollis Law Firm, we work closely with you to determine the best path to achieve fair compensation. Our compassionate lawyer understands the challenges you face during this difficult time, so we strive to take the weight of your claim off your shoulders while helping you understand your rights.

We offer high-quality services to car accident victims with pre-existing conditions and use our years of experience to help you secure fair compensation, starting with a free consultation. To schedule yours today, call us at (800) 701-3672 or fill out our contact form. 

Author
JASON CHAMBERS, JD
Hollis Law Firm

As the managing attorney at the Hollis Law Firm, Jason Chambers leads complex product liability and personal injury litigations, advocating for clients injured by defective drugs, medical devices, and personal injury accidents. The firm, based in Kansas City, represents victims throughout the Midwest and beyond, offering free consultations to those affected by harmful prescription drugs, defective medical devices, and personal injuries.

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800-701-3672
800-701-3672
800-701-3672
800-701-3672
800-701-3672
Hollis Law Firm
8101 College Blvd, Suite 260
Overland Park, KS 66210