The eggshell skull rule in Missouri holds at-fault drivers responsible for all injuries they cause, even if you had a preexisting condition that made you more vulnerable to harm.
This legal principle means the person who caused your accident must “take you as they find you,” including any prior medical conditions, old injuries, or physical vulnerabilities that the crash may have worsened.
If you’re dealing with the aftermath of a Missouri car accident and had health issues before the crash, you still have the right to full compensation for any aggravation of your condition.
Insurance companies often try to use your medical history against you, arguing that your current pain stems from old problems rather than their insured driver’s negligence. Understanding how Missouri applies the eggshell skull rule can protect your claim and ensure you receive fair compensation.
What Is the Eggshell Skull Rule in Missouri?
The eggshell skull rule is a legal principle that holds someone responsible for all injuries they cause, even if the victim had a condition that made them more vulnerable. It means you must “take your victim as you find them.”
Think of it like this: some eggshells are thinner and break more easily than others. Some people are more susceptible to injury because of their health history. If you negligently hurt someone with a fragile condition, you pay for all the harm you cause, not just what might happen to a healthy person.
This rule also goes by other names like the “eggshell plaintiff rule,” “thin skull rule,” or “eggshell doctrine.” In Missouri car accidents, this protects people with prior injuries or medical conditions.
If you had back problems before a crash and the accident made them worse, the at-fault driver is responsible for that aggravation. The same applies to all types of Missouri auto accidents involving cars, trucks, motorcycles, pedestrians, and bicycles.
How Does the Rule Affect Missouri Auto Accident Claims
When you’re in a Missouri car accident with a preexisting condition, the eggshell skull rule protects your right to full compensation for any worsening of that condition. The at-fault driver is liable for reactivating old injuries or making managed conditions unstable.
Here are common situations where this rule applies:
- Prior back injury: A minor collision reactivates disc problems that now require surgery
- Previous concussion: A low-speed crash causes severe symptoms due to past head trauma
- Arthritis: An accident inflames joints that were previously manageable with medication
- Mental health conditions: A crash triggers severe PTSD in someone with prior anxiety disorders
You only need to prove the accident made your condition worse. You don’t have to show the crash caused an entirely new injury.
What if I Had a Preexisting Condition
Having a preexisting condition does not prevent you from getting compensation after a Missouri car accident. You have the same legal rights as any other accident victim.
The legal question isn’t whether you were perfectly healthy before the crash. What matters is whether the at-fault driver’s actions aggravated, activated, or worsened your prior condition. If the accident made things worse, you deserve compensation for that additional harm.
Many clients worry their medical history will hurt their case. While insurance companies will try to blame your current problems on old injuries, Missouri law protects you. At Beck & Beck Missouri Car Accident Lawyers, we know how to prove the crash caused new damage.
What Damages Can I Recover Under the Eggshell Rule
You can recover the same types of damages as any accident victim under the eggshell skull rule. This includes medical bills, lost wages, and pain and suffering related to the worsening of your condition.
You can only recover damages for the aggravation of your injury, not the preexisting condition itself. Here’s what this means:
- Medical expenses: If physical therapy managed your condition before but you now need surgery, those surgery costs are recoverable
- Lost income: If you worked full-time with your condition before but can’t work after the accident, those lost wages are compensable
- Pain and suffering: You get compensated for increased pain, discomfort, and loss of life enjoyment caused by the accident
The key is showing the difference between your condition before and after the crash.
How Do We Prove Aggravation of a Preexisting Injury
To win a claim with a preexisting condition, we must clearly show how the accident made it worse. We build your case by creating a “before and after” picture of your health.
This requires gathering specific evidence. We collect your medical records from before the accident to establish your baseline health. We also get records from after the accident to document new or worsened symptoms.
We work with your treating doctors to get clear written opinions about what caused your condition to worsen. Diagnostic imaging like MRIs or X-rays that compare your condition before and after the crash can be powerful evidence.
Your own notes about how your pain and daily limitations changed since the accident also help. We protect your privacy by limiting what medical history the insurance company can review.
What Defense Tactics Should I Expect and How Do We Respond
Insurance companies use specific tactics to deny or reduce claims involving preexisting conditions. They argue your current pain comes from your old injury, not the recent car accident.
Here are their common arguments and our responses:
- “Natural progression”: They claim your condition was going to get worse anyway. We respond with medical evidence showing the crash caused sudden, significant decline.
- “Gap in treatment”: They point out you weren’t seeking treatment before the crash. We use this to prove your condition was stable and the accident created new medical needs.
- “Other accidents”: If you’ve had previous accidents, they blame your current pain on those. We isolate the specific harm caused by the most recent crash.
- “Failure to mitigate”: They claim you didn’t follow medical advice. We show you followed proper treatment recommendations.
We protect you from these tactics by challenging their arguments with facts. We also prepare you for any questions about your health so you’re not caught off guard.
Does Comparative Fault Change My Recovery
Missouri’s pure comparative negligence rule still applies when you have a preexisting condition. If you’re found partially at fault for causing the accident, your compensation gets reduced by your percentage of fault.
However, having a preexisting condition or being more vulnerable to injury is not considered fault. Your physical vulnerability doesn’t reduce your recovery.
For example, if you’re 40% at fault for speeding but have a prior back injury the crash aggravated, you recover 60% of your damages. Your vulnerable condition doesn’t reduce recovery further.
The eggshell rule protects your vulnerability while comparative fault addresses accident causation. These are separate legal concepts.
Do Juries Get Special Instructions in Missouri
Yes, when cases with preexisting conditions go to trial, judges give juries specific instructions. These instructions explain that jurors cannot deny or limit damages just because someone had a condition making them more susceptible to injury.
Jurors learn they must compensate for making a condition worse. They cannot speculate about what might have happened without the crash. They focus on the actual harm the accident caused.
These instructions level the playing field. Insurance companies know Missouri juries will follow the law protecting eggshell plaintiffs. This knowledge helps us negotiate fair settlements.
What Crash Scenarios Often Trigger the Eggshell Rule
While any accident can aggravate a preexisting condition, certain crash types are more likely to worsen specific injuries. Even low-speed impacts can cause major problems in vulnerable people.
| Accident Type | Common Aggravated Conditions | Why It Happens |
| Rear-end collision | Disc herniations, whiplash, prior neck/back injuries | Sudden back-forth motion damages already weakened spinal structures |
| T-bone crash | Shoulder, hip, knee injuries | Side impact forces worsen joint problems and arthritis |
| Head-on collision | Traumatic brain injuries, spinal cord injuries | Violent deceleration causes severe harm, especially with prior concussions |
| Pedestrian accident | All prior orthopedic and internal injuries | Body absorbs full impact force, worsening any existing damage |
The key is showing the connection between the crash forces and your worsened symptoms.
What Should I Do After a Crash if I Have Prior Injuries
Get Prompt Care and Tell Your Doctor About Prior Issues
See a doctor immediately, even for minor crashes. Be completely honest about your medical history and preexisting conditions. This helps your doctor accurately document how the accident affected you.
Honesty protects your case. If you hide prior conditions and they’re discovered later, it damages your credibility.
Keep a Simple Symptom Timeline From Before and After the Crash
Write down how you felt before the accident compared to now. Note specific changes like “I could walk 30 minutes without pain before, now I can only walk 5 minutes.”
This timeline becomes powerful evidence of aggravation. Keep it simple and factual.
Save Bills, Records, and Imaging in One Folder
Organize all medical documents from before and after the crash. Keep receipts for medications, medical equipment, and treatment costs.
Good organization makes it easier to prove your damages. Missing paperwork can hurt your case.
Do Not Sign Broad Medical Authorizations
Insurance companies will ask you to sign forms giving them access to your entire medical history. Don’t sign anything without speaking to an attorney first.
You could be giving up your right to privacy. We help you limit what they can access.
Let Us Handle the Insurance Communications
Don’t give recorded statements or discuss your prior injuries with insurance adjusters. They’re trained to use your words against you.
We handle all communication to protect your rights. This prevents you from accidentally damaging your case.
Follow Treatment Plans and Avoid Gaps
Attend all doctor appointments and follow treatment recommendations. Insurance companies use gaps in treatment to argue you’re not really hurt.
Consistent treatment shows the accident’s ongoing impact. Missed appointments can be used against you.
Injured With a Preexisting Condition? Get Missouri Legal Help Today
If a Missouri car accident aggravated your prior injury, you need attorneys who understand the eggshell skull rule. At Beck & Beck Missouri Car Accident Lawyers, we focus exclusively on Missouri auto accident law.
We have helped many injured Missourians recover compensation. Our family-run firm treats you like family, not just another case number.
We know how insurance companies use medical history against victims. We know how to stop them and protect your rights.
We handle every aspect of your case personally. This lets you focus on recovery while we fight for fair compensation.
Contact us today for a free consultation. We work on contingency, meaning no fees unless we win your case. Don’t let insurance companies use your medical history against you—remember that the statute of limitations for Missouri car accidents won’t wait.
Eggshell Skull Rule in Missouri FAQ
Does the Eggshell Skull Rule Apply to Missouri Car Accidents
Yes, Missouri fully recognizes the eggshell skull rule in all personal injury cases, including car, truck, motorcycle, pedestrian, and bicycle accidents.
What Is the Difference Between Eggshell Skull and Crumbling Skull
The eggshell skull rule holds defendants liable for aggravating preexisting conditions, while the crumbling skull doctrine would limit recovery if deterioration was inevitable regardless of the accident.
Will the Insurer See All of My Medical History
No, we limit medical authorizations to relevant conditions only and protect your privacy throughout the claims process.
What if I Had No Recent Treatment Before the Crash
Prior treatment gaps actually help prove the accident caused your need for new medical care, showing your condition was stable before the crash.
How Does Comparative Fault Affect an Eggshell Plaintiff
Your percentage of fault in causing the accident reduces recovery, but having a preexisting condition is not considered fault under Missouri law.
What Injuries Are Hardest to Prove as Aggravation
Soft tissue injuries and psychological conditions require strong medical documentation, but we work with treating doctors and experts to build compelling evidence.
Does the Rule Apply in Criminal Cases
The eggshell skull rule primarily applies in civil personal injury cases for compensation, not criminal prosecutions for punishment.
