Kansas City Car Accident Lawyer Supports Car Crash Victims With Preexisting Conditions
You were already managing chronic back pain from an old sports injury when another driver ran a red light and crashed into your car on Emanuel Cleaver II Boulevard in Kansas City. Now, your back pain has intensified significantly, making it practically impossible to work or enjoy time with your children. You're worried the insurance company will deny your claim because you had a preexisting condition.
At Foster Wallace, we understand your concerns. Our Kansas City car accident lawyers regularly help victims with preexisting conditions secure fair and full compensation for their injuries and losses. Insurance companies often try to use prior medical conditions to minimize or deny valid claims, but we know how to protect your rights. Let's explore how preexisting conditions affect car accident claims and what you can do to strengthen your case.
Understanding the Eggshell Skull Rule in Missouri Law
Missouri follows the "eggshell skull rule," which states that defendants must take their victims as they find them. This means that even if your preexisting condition made you more susceptible to injury, the at-fault driver is still responsible for any new injuries or worsening of your condition caused by the crash.
The auto insurance company cannot deny your claim simply because you have a preexisting medical condition. They must compensate you for any additional medical treatment, lost wages, and pain and suffering caused by the accident if the other driver is to blame. This was precisely the case for a Foster Wallace client who was struck in a hit-and-run accident on I-49. Despite prior health issues, she successfully settled for the $250,000 policy limit.
However, you will still need strong medical evidence showing how the accident worsened or affected your preexisting condition. To do this, work with your personal injury attorney to get detailed documentation from your healthcare providers that compares your condition before and after the crash.
Common Preexisting Conditions Affected by Car Accidents
Many Kansas City accident victims worry about how their existing medical conditions might affect their claim. Let's examine some typical scenarios and how Missouri law handles each situation.
Chronic Back Pain
A person with degenerative disc disease might experience dramatically increased pain levels and whiplash after a rear-end collision. While they cannot claim compensation for their original condition, they can recover damages for the additional medical treatment and pain caused by the accident.
Arthritis
Someone with arthritis in their knees might find their condition severely aggravated after bracing against the dashboard during a crash. The accident victim can seek compensation for any new joint damage or acceleration of their arthritis symptoms.
Previous Injuries
A person who previously recovered from a broken leg might experience new complications if the same leg is injured again in a car accident. They can pursue damages for the new break and any related complications, even if the prior injury made the bone more vulnerable.
Fibromyalgia
Someone living with fibromyalgia may experience intensified pain and new trigger points following the physical trauma of a car crash. They can seek compensation for the heightened symptoms and any additional treatment needed beyond their usual care routine.
Heart Conditions
A person with a heart condition might suffer increased cardiac symptoms due to the physical and emotional stress of an accident. They may be entitled to compensation if the crash causes their stable condition to require additional medication or monitoring.
Anxiety Disorders
A person who previously managed their anxiety might experience severe symptom flare-ups or develop new phobias about driving after a traumatic accident, like heightened agoraphobia. They can pursue compensation for additional mental health treatment and therapy needed to address these increased symptoms.
Protecting Your Rights When Filing a Claim
Insurance companies often request extensive medical records, hoping to find evidence that your current symptoms stem entirely from preexisting conditions. They might claim your symptoms aren’t new at all, or they may pressure you to settle quickly before the full impact of your injuries becomes clear.
While you may need to provide records related to similar injuries or conditions, you don't have to release your entire medical history. Working with experienced Kansas City personal injury attorneys can help ensure you only release relevant records while still building a strong case. Your legal team can also help gather evidence showing how the accident specifically impacted your condition.
Important Steps to Take After Your Accident
Consider keeping a detailed pain journal documenting how your symptoms have changed since the accident. This can help demonstrate the difference between your preexisting condition and new injuries.
Similarly, remember to document everything related to your accident and medical care. Take photos of your injuries, keep all medical bills, avoid discussing your case on social media, and get copies of the police report.
Follow all your doctor's recommendations and attend every scheduled appointment. This supports the claim that you’re doing everything you can to address your injury.
The Importance of Being Honest
While you might worry that disclosing a preexisting condition will hurt your case, hiding it can seriously damage your claim. Being upfront about your medical history helps your Kansas City personal injury attorney build a stronger case by clearly showing how the accident worsened your condition.
Getting Medical Documentation to Support Your Claim
Your healthcare providers play a crucial role in establishing how the accident affected your preexisting condition. Schedule follow-up appointments regularly and clearly communicate any new symptoms or changes in pain levels.
Ask your doctor to document:
- The state of your condition before the accident
- New injuries directly caused by the crash
- How the accident worsened your preexisting condition
- Your expected prognosis and future medical needs
- How new or worsened injuries may impact your ability to work
- Any permanent changes to your condition
Strong Legal Support When You Need It Most
Don't let concerns about preexisting conditions stop you from seeking the compensation you deserve after a car accident. The experienced legal team at Foster Wallace understands how to handle these challenging cases. Let’s discuss your situation and explore your legal options.
