Possible Effects Of Pre-existing Conditions On Car Accident Claims
People who are involved in car accidents in Missouri can often suffer serious injuries causing a wide variety of possible problems, and a major concern for these victims can be the pre-existing conditions they had before their accidents. You should know that a pre-existing condition cannot be used to deny you compensation, and you will want to work with a St. Louis lawyer for accident claim when you believe an insurance company will deny your claim or underpay you because of a pre-existing condition.
Insurance companies frequently jump on pre-existing conditions and will often seek complete medical records of victims to try and use the conditions as reasons to minimize their own liability. Such situations often leave victims uncertain about whether they should even disclose their pre-existing conditions.
Common Kinds of Pre-Existing Conditions
It is always possible that a car accident may aggravate or otherwise impact a pre-existing condition. Some of the most common kinds of pre-existing conditions include, but are not limited to:
- Hernias
- Previous chiropractic care
- Arthritis
- Respiratory conditions
- Fibromyalgia
- Heart problems
- Lower back strains
- Broken bones that have healed
- Back injuries
- Knee injuries
- Shoulder injuries
- Brain injuries, including concussions
- Neck or head injuries
- Degenerative disc diseases
- Spinal stenosis
- Diabetes
- Osteoporosis
- Emotional or psychological conditions
- Herniated discs
The Eggshell Rule
The eggshell rule is also known as the eggshell skull rule, the thin skull rule, or the talem qualem rule, and it is a well-established legal doctrine. The pre-existing conditions law states that in tort cases, the frailty of an injured party will not be a valid defense to the seriousness of any injury they suffer.
Under the eggshell rule, an insurance company cannot use your pre-existing condition as a reason for denying your injury claim or offering you a lower settlement amount. People who suffer injuries in car accidents are entitled to recover damages for all injuries they suffer in those crashes, regardless of their conditions before their involvement in accidents.
Your Obligation to Disclose Pre-Existing Conditions
When a person suffers injuries in any kind of car accident in Missouri, it will be important to be as honest as they can be about their prior injury history with their St. Louis personal injury attorney about their condition at the time of a crash. Failure to adequately disclose pre-existing conditions may diminish a victim’s chances of obtaining a fair and full settlement.
Complete disclosure will be essential, especially when a new injury affects the same areas as an old injury. An entire injury claim could be jeopardized by a victim’s non-disclosure.
It will always be best for people to disclose all of their pre-existing conditions and work with doctors to prove how an accident aggravated their conditions. People who try to hide their pre-existing conditions can face possible court sanctions.
An experienced lawyer will know how to work with your doctors to prove that a car accident caused new injuries or worsened your pre-existing conditions. When you are honest about your medical history and car insurance with pre-existing condition, it will give your legal representation a better chance of connecting your current state to your prior injuries and recovering as much as possible.
Call Us Today to Speak with a St. Louis Lawyer For Accident Claim
If you are dealing with severe injuries after a car accident in Missouri but have concerns about your pre-existing conditions on your injury claim, you are going to need to retain legal counsel. A St. Louis attorney for accident claim can make sure that you are still able to prove that your current injuries are the result of your car accident and not just pre-existing conditions.
Bruntrager & Billings, P.C will be able to work with you to ensure that you are still able to hold a negligent party fully accountable for your car accident claim. Call (314) 646-0066 or contact us online to receive a free consultation with our St. Louis lawyer for accident claim.