Pre-existing conditions can complicate your Missouri car accident claim, but they don’t prevent you from recovering compensation when a crash makes your health problems worse.
Missouri law protects your right to seek damages for the aggravation of existing injuries or medical conditions, even if you were more susceptible to harm because of your prior health issues.
Insurance companies often try to use your medical history against you by arguing that your current pain stems from old problems rather than the recent accident. They’ll request broad access to your medical records and employ various tactics to minimize or deny your claim based on conditions you had before the crash.
This article explains how pre-existing conditions affect Missouri car accident claims, what evidence proves aggravation versus natural progression, and how to protect yourself from insurance company tactics that unfairly use your medical history against you.
Understanding Pre-Existing Conditions in Accident Claims
A pre-existing condition is any health problem you had before your car accident. This includes old injuries that healed, chronic diseases like arthritis, or ongoing conditions like back pain.
Having a pre-existing condition doesn’t prevent you from getting compensation if the crash made it worse. Missouri law protects your right to recover damages when an accident aggravates something you already had.
The key point is simple: you can seek compensation for how the accident changed your condition, not for the original problem itself.
Which Pre-Existing Conditions Commonly Get Aggravated in Crashes?
Car accidents often worsen existing health problems because of the sudden force and impact. Your body doesn’t have time to prepare for the collision.
Common conditions that get worse after crashes include:
- Back and neck injuries: Previous disc problems, herniated discs, or spinal surgeries can flare up badly after an accident
- Arthritis: Joint pain and stiffness often become much worse after the trauma of a crash
- Previous fractures: Old broken bones can break again or start hurting in ways they haven’t for years
- Mental health conditions: PTSD, anxiety, or depression can become severe after experiencing another traumatic event
- Chronic pain conditions: Fibromyalgia or other pain syndromes often get significantly worse after an accident
Even if you felt fine before the crash, these conditions can suddenly become major problems again.
Does Missouri Law Allow You to Recover if a Crash Worsens a Prior Injury?
Missouri law clearly allows you to recover compensation when a car accident makes a pre-existing condition worse. This protection comes from something called the eggshell plaintiff rule.
This rule means the person who caused your accident must take you as they find you. If you were more likely to get hurt because of a prior condition, that’s their problem, not yours.
You can get compensation for the additional harm the accident caused. This refers to the new pain, the worsened symptoms, and any extra medical treatment you need because of the crash.
However, you cannot recover money for the original condition itself. The law only covers what the accident made worse or brought back.
How Does Missouri Comparative Fault Change Your Recovery?
Missouri uses something called pure comparative fault when determining how much you can recover. This shared fault system looks at how much each person contributed to causing the accident.
If you’re found partially at fault for the crash, your compensation is reduced by that percentage; for example, if you’re 20% at fault and your damages are $100,000, you’d recover $80,000.
Your pre-existing condition isn’t considered your fault. However, insurance companies will try to confuse this issue to pay you less money.
How Do Insurance Companies Use Pre-Existing Conditions Against You?
Insurance companies see pre-existing conditions as opportunities to reduce what they pay you. They’ll dig through your medical history looking for any way to blame your current pain on old problems instead of the recent accident.
Their main goal is paying out as little as possible, and your medical history gives them ammunition to fight your claim.
Common Insurance Company Tactics
Insurance adjusters use several strategies to minimize claims involving pre-existing conditions:
- Claiming all symptoms are from the old injury: They’ll argue your current pain has nothing to do with the recent crash
- Arguing natural progression: They’ll say your condition would have gotten worse anyway, even without the accident
- Taking medical records out of context: They’ll use old doctor’s notes to downplay how the crash affected you
- Requesting overly broad medical releases: They want access to your entire medical history, not just relevant records
These tactics work because many people don’t understand their rights or don’t have legal help to fight back.
Should You Sign a Medical Release with the Insurance Company?
Be very careful before signing any medical release from an insurance company. These forms often give them permission to look at your entire medical history going back many years.
You should limit any authorization to specific dates, doctors, and conditions related to your accident. We help our clients provide only the necessary information while protecting their privacy.
Never sign a broad release that lets them access unrelated medical records. They’ll use anything they find to argue against your claim.
Can Social Media or Old Claims Be Used Against You?
Yes, insurance companies regularly investigate your social media accounts looking for evidence to use against you. A photo of you smiling at a family gathering could be twisted to suggest you’re not really hurt.
They also search databases for any previous injury claims you’ve made. They’ll try to create a pattern suggesting you’re someone who frequently gets hurt or files claims.
Be careful about what you post online while your claim is pending. Even innocent activities can be misinterpreted by insurance adjusters looking to deny or reduce your claim.
What Should You Expect from an IME in Missouri?
An Independent Medical Exam (IME) isn’t really independent at all. The insurance company chooses the doctor, pays them, and expects them to find reasons to minimize your claim.
You may be required to attend this exam, but you have rights. The doctor will examine you and write a report, often downplaying your injuries or suggesting they’re not related to the accident.
We can help prepare you for this exam and make sure you understand what to expect. Having legal representation protects you from unfair tactics during this process.
What Evidence Proves Aggravation vs Natural Degeneration?
Winning your case requires proving the car accident made your condition worse, not that it would have gotten worse naturally over time. This distinction is crucial and understanding the importance of evidence in Missouri claims will help you build a stronger case.
The key is showing a clear change in your condition right after the accident that can’t be explained by natural progression of your pre-existing problem.
Why Do Before and After Medical Records Matter?
Your medical records from before the accident create a baseline showing how you were doing. Records from after the crash show how things changed.
If you were stable or had no symptoms for months before the accident, then suddenly needed treatment after the crash, this creates a powerful timeline. Even gaps in treatment before the accident can help by showing the condition wasn’t actively bothering you.
These records tell a story that’s hard for insurance companies to argue against when the timeline is clear.
How Can Imaging Show New Harm?
Diagnostic tests like MRIs, X-rays, and CT scans can provide objective proof that something new happened to your body. Comparing new images to old ones can reveal fresh damage or worsening of existing problems.
A radiologist can identify acute changes from trauma versus chronic, degenerative changes that were already there. This medical opinion carries significant weight in proving your case.
Having imaging from before and after the accident creates the strongest possible evidence of aggravation.
Which Medical Opinions Help Most?
Not all medical opinions are equally powerful in proving your case. The most credible testimony comes from doctors who know your history and can speak to how the accident changed things.
Key medical voices include:
- Your treating physician: This doctor knows your medical history and can provide credible opinions about how the accident affected you
- Relevant specialists: Orthopedic surgeons, neurologists, or other specialists can explain the medical significance of your injuries
- Physical therapists: Their treatment notes document your functional limitations and show real-world impacts on daily activities
These professionals see you regularly and can speak to changes they’ve observed since your accident.
How Do Work Records and Daily Life Changes Prove Impact?
Evidence isn’t limited to medical charts. Your employer’s records showing missed work, light duty assignments, or reduced productivity demonstrate real-world impacts.
Testimony from family and friends about changes in your daily activities can be powerful proof of how the accident affected your life. When people close to you notice you can’t do things you used to do, that’s compelling evidence.
These types of evidence show the human impact beyond what medical records alone can demonstrate.
How Do Pre-Existing Conditions Affect Settlement Value?
Having a pre-existing condition doesn’t automatically reduce your settlement value. The key factor is how much the accident made your condition worse and what additional problems it created, and knowing how settlements are calculated helps set realistic expectations.
A severe aggravation requiring extensive medical treatment can result in a substantial settlement. The focus is on the additional harm caused by the accident, not the original condition.
Every case is unique, and settlement values depend on the specific facts of how the accident affected your particular situation. Additionally, how long claims take to settle varies significantly based on case complexity.
What Damages Can You Recover in an Aggravation Case?
When a car accident worsens your prior injury, you can seek compensation for all the additional harm you suffered. Missouri law allows recovery for several types of damages:
- Medical expenses: All costs for new treatments, surgeries, physical therapy, medications, and future care related to the aggravation (understanding how medical bills are paid helps you navigate these expenses)
- Lost wages: Income you missed while recovering from your worsened condition, including time off for medical appointments, with recovering lost wages requiring proper documentation
- Pain and suffering: Compensation for the additional physical pain and emotional distress beyond what you experienced before
- Loss of enjoyment: Damages when the accident prevents you from participating in activities you once enjoyed
The goal is putting you back in the position you would have been in if the accident hadn’t made your condition worse.
How Long Do You Have to File in Missouri?
Missouri gives you five years from the date of your accident to file a personal injury lawsuit. This deadline is called the statute of limitations, and it’s strictly enforced.
If you miss this deadline, you’ll lose your right to recover any compensation, regardless of how strong your case might be. The clock usually starts ticking on the day your accident happened.
Don’t wait to get legal help from our experienced auto accident attorneys in Missouri. Evidence disappears, witnesses forget details, and your case gets harder to prove as time passes.
What Should You Do After a Crash with a Prior Injury?
Having a prior injury means you need to be extra careful to protect your rights after a car accident. Taking the right steps immediately can make the difference between recovering fair compensation and getting nothing.
Insurance companies will be looking for ways to use your medical history against you from day one.
Your First 30 Days Action Plan
The first month after your accident is critical for building a strong case. Here’s what you need to do:
- Get immediate medical attention: Tell every doctor about both the accident and your prior condition, being clear about new or worsened symptoms
- Document everything carefully: Keep a daily journal of your pain levels, limitations, and how the injury affects your normal activities
- Gather your pre-accident medical records: Collect records showing your condition before the crash to establish a baseline
- Take photos of visible injuries: Document bruising, swelling, or other signs of trauma from the accident
- Contact an experienced Missouri car accident lawyer: Get legal help before talking to insurance companies
Acting quickly protects evidence and prevents insurance companies from taking advantage of you during a vulnerable time.
What Should You Avoid Saying or Signing?
Certain actions can seriously damage your case, especially when you have a pre-existing condition. Avoid these common mistakes:
- Don’t downplay your injuries: Never say you feel “fine” or that your injuries aren’t serious, even if you’re trying to be tough
- Never sign broad medical releases: Don’t give insurance companies access to your entire medical history
- Avoid recorded statements: Don’t give detailed statements to the other driver’s insurance company without legal representation
- Don’t discuss fault or medical history: Keep conversations with adjusters brief and factual
Insurance companies will use anything you say against you, so it’s better to let your lawyer handle communications.
Worried About a Prior Injury? We Can Help
Dealing with insurance companies that want to use your medical history against you is stressful and unfair. At Beck & Beck Missouri Car Accident Lawyers, we’ve been fighting for injured people since 1990.
We focus exclusively on Missouri auto accident cases, so we understand exactly how to prove that a crash aggravated a pre-existing condition. We know the tactics insurance companies use, and we know how to fight back.
As a family-run firm, we give each case the personal attention it deserves. We’ll work directly with you to build the strongest possible case.
How We Protect Your Rights
Our approach to pre-existing condition cases is thorough and strategic:
- Limit medical authorizations: We protect your privacy by only allowing access to relevant medical records
- Coordinate with your doctors: We work with your medical team to properly document how the accident affected your condition
- Prepare you for examinations: We’ll get you ready for any Independent Medical Exams and protect you from unfair tactics
- Handle all insurance communications: You won’t have to worry about saying the wrong thing to adjusters
We’re available 24/7 to answer your questions and guide you through this process. You pay no fees unless we win your case.
Contact us online for your free consultation. Don’t let insurance companies use your medical history to deny you the compensation you deserve.
Frequently Asked Questions
How Far Back Can the Insurance Company Request My Medical Records in Missouri?
An insurance company may request extensive medical records, but you don’t have to provide everything. With proper legal guidance, you can limit authorizations to records that are actually relevant to your accident injuries.
Can I Refuse a Defense Medical Exam or Choose My Own Doctor in Missouri?
If a lawsuit is filed, you’re typically required to attend the Independent Medical Exam, and the insurance company chooses the doctor. However, your attorney can help prepare you for the exam and protect your rights during the process.
Will MedPay or Health Insurance Pay for Care if My Injury Is an Aggravation?
Yes, your MedPay coverage and health insurance will typically pay for medical treatment regardless of whether you have a pre-existing condition. They may seek reimbursement from your final settlement, but they’ll cover immediate care needs.
What if I Had No Symptoms for Years and the Crash Reactivated the Injury?
Missouri law allows you to recover compensation for dormant conditions that are reactivated by an accident. The crash is the reason you now need medical treatment, making it compensable even if you felt fine for years.
Do I Need to Reach Maximum Medical Improvement Before Settling?
While not legally required, it’s generally wise to wait until you reach Maximum Medical Improvement before settling. Settling too early risks undervaluing your claim because you won’t know the full extent of your future medical needs.
Will Posting About Activities or Vacations Hurt My Claim?
Yes, insurance companies regularly monitor social media and will use posts about activities to argue that you’re not as injured as claimed. Be cautious about what you share online while your case is pending.
What Happens if I Forget to Disclose a Prior Injury?
Honest mistakes can usually be corrected, but intentionally hiding a prior injury will destroy your credibility and can ruin your entire claim. Always be completely honest with your attorney about your medical history.
Can the Insurance Company Demand Unrelated Medical Records?
No, you’re not required to provide completely unrelated medical records like mental health or gynecological records. Your attorney can object to overly broad requests and fight to protect your privacy rights.
