Were you hurt in a car crash in Kansas City or elsewhere in Missouri? Did you already have some form of pre-existing injury or medical impairment? You may have worries about how that will impact your claim. The good news is that you still have a right to seek financial compensation, but you need to be ready to take on the insurance company. In this article, our Kansas City auto accident lawyer provides a comprehensive overview of the key things to know about pre-existing conditions and motor vehicle collision claims in Missouri.
You Can Seek Compensation for New Injuries and Exacerbated Injuries
In the aftermath of a car accident in Missouri, it is crucial to recognize that victims can seek compensation for not only new injuries but also for pre-existing conditions that have been exacerbated. Put another way, you cannot be denied the opportunity to seek compensation for medical bills, lost wages, pain and suffering, and other damages simply because you had a pre-existing condition. The key to the claims process is being able to illustrate the distinction between the status of the condition before and after the motor vehicle accident.
Missouri Follows the ‘Eggshell Skull’ Rule
Similar to most other jurisdictions, Missouri follows the “eggshell skull” or “eggshell plaintiff” rule. As explained by the Cornell Legal Information Institute, the rule broadly means that a defendant in a personal injury claim—including a car accident claim—can be held accountable for all injuries caused, regardless of the victim’s vulnerability due to pre-existing conditions. Essentially, this means that if your pre-existing condition made you more susceptible to injury, the at-fault party is still responsible for the full extent of your damages. A defendant cannot escape culpability simply because the victim of the car crash was especially vulnerable.
Beware: Insurers are Looking for Reasons to Deny (or Reduce) Your Claim
As you file your car accident claim, it is imperative to remain vigilant—particularly so if you have a pre-existing medical condition. Here is the reality: Insurance companies will often try to find opportunities to either deny your claim outright or significantly reduce the amount they are willing to pay in settlement. Insurers may argue that your injuries were solely due to pre-existing conditions and not the accident.
Following a crash, you can expect an insurance company to request all of your medical records. Indeed, the insurer may ask you to sign a complete release for your medical records. You are not always required to provide all of this information. Only relevant materials should be provided to insurers. Be sure that you consult with an experienced Kansas City car accident lawyer before signing any document presented by the insurance company.
Contact Our Kansas City Auto Accident Attorney for a Free Case Review
At House Law LLC, our Kansas City car crash attorney has the legal experience to protect your rights. If you have any questions about auto accident claims and pre-existing conditions, we are here to help. Contact our law firm today for a free consultation. With an office in Kansas City, our firm handles car accident claims throughout the region, including in Jackson, Clay, Platte, and Cass counties.
Tags: brain injury, personal injury, traumatic brain injury
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