Car accidents can be terrifying, overwhelming, and irritating. When you are injured, those feelings can become even more intense as you struggle to deal with all the practical issues while also trying to recover from your injuries. Making matters worse, if you have a pre-existing injury that was made worse, you may also be wondering if you can be compensated for that. The short answer is yes, you can be compensated for a pre-existing injury aggravated in a car accident. However, it is a little more complicated than an injury solely caused by a car accident. If you would like to discuss the details of your case and learn how compensation may apply, call Steelman Gaunt Crowley at (573) 341-8336 to schedule a consultation with a Rolla, Missouri car accident attorney.
What Is a Pre-Existing Injury?
A pre-existing injury also referred to as a pre-existing condition, is an injury or condition that exists prior to a specific date or event. For example, health insurance companies refer to any condition the insured has before signing up for their insurance as a pre-existing condition. Pre-existing conditions are not caused by the particular date or event in question, but they can be made worse by it. For example, in a car accident, a pre-existing injury is one that was caused by something else at some point before the car accident. Therefore, the car accident did not cause the pre-existing injury, but it may have made it worse. The pre-existing nature of these injuries matters because insurance companies will often try to deny or reduce claims that involve pre-existing injuries, particularly if those injuries are not disclosed.
Common Pre-Existing Conditions Aggravated After Car Accidents
Any pre-existing injury can be aggravated after a car accident, but some are more commonly aggravated than others. Herniated discs, shoulder or knee injuries, lower back problems, head injuries, neck injuries, broken bones or fractures, hernias, and joint pain are just a few of the injuries that may be exacerbated by a car accident. Individuals with a pre-existing injury aggravated in a car accident can be fully recovered or still recovering from the injury. For example, both a husband who was a football player who tore ligaments in his knee in high school and is fully recovered and living an active life and his wife with a broken arm in a cast, are considered to have pre-existing injuries if they are involved in a car accident.
Another important aspect of a pre-existing injury aggravated in a car accident is that the injured individual must be able to demonstrate that the condition was made worse by the accident. They must be able to show that there was no reason to believe that the injury would have gotten worse prior to the accident. This may take time and will require evidence, so individuals may wish to consult with a car accident attorney at Steelman Gaunt Crowley to learn more about how to prove the worsening of their injuries.
Can You Be Compensated for a Pre-Existing Injury Aggravated in a Car Accident?
Missouri follows a legal concept called the “Eggshell Skull” or “Eggshell Plaintiff” rule. Broadly, this rule means that the at-fault driver can be held accountable for all the injuries caused by the accident. The fact that the victim was vulnerable due to a pre-existing injury is not relevant. The at-fault driver can be held liable for both new injuries caused by the accident and for the additional aggravation of the pre-existing injuries. This means that the individual will not get compensation for treatments and pain for the pre-existing injury from before the accident, but they can get compensation for any treatments and pain after the accident.
However, the insurance company may still try to deny or reduce a car accident victim’s claim due to the pre-existing injury, particularly if the injury is not disclosed. The insurer may try to ask for a complete release of all the victim’s medical records. If they get that release, they can use information found in those records to try to prove that any injuries from the car accident, whether they are new or pre-existing, were not caused by the accident. This is why it is important to only provide the relevant medical records to insurance. A skilled Rolla, Missouri car accident attorney may be able to assist in providing the appropriate records to insurance.
What Does “Aggravated” Mean and How Do You Prove It?
In the context of a pre-existing injury aggravated in a car accident, the word aggravated means that the injury was made worse by the car accident. For an injury to be considered “worse,” it must be causing more pain than it did prior to the accident and also require medical care. For example, a shoulder injury that was fully healed but causes the individual pain once or twice a month is not necessarily aggravated by the accident if it hurts after the accident. However, if the individual seeks medical care after the accident, and an exam and imaging show that the shoulder has been re-injured and the individual will need physical therapy and a sling, that is a pre-existing injury aggravated by the car accident.
Proving the injury is aggravated requires evidence. This evidence will generally be in the form of medical records. First, the individual will need medical records related to the injury prior to the accident that will indicate the status of the injury at the time of the accident. These records will indicate whether the individual was fully recovered or if they were still undergoing treatment, what treatment they were getting, and when they were expected to be recovered. Then, the individual will also need records related to the injury after the accident. These records will need to indicate how the injury was made worse, such as that a broken bone was almost healed and is now completely broken again. The records will also need to show the new and different treatment the individual will need as a result of the accident. For example, an individual with a broken bone may have previous records indicating that their cast was expected to be removed the day after the accident, and now the individual needs to wear a new cast for several more weeks or have surgery.
How to Preserve Your Claim With Pre-Existing Injuries
When there is a pre-existing injury aggravated by a car accident, the steps to preserve a claim are basically the same as any car accident with injuries. However, due to the pre-existing nature of the injury, there are a few things to consider doing that can help ensure the insurance company does not deny or reduce the claim.
Disclose All Pre-Existing Injuries
Many people make the mistake of believing that it is better to not mention their pre-existing injury. They may believe they cannot get compensation for the pre-existing injury being aggravated, or they may know that the insurance company will try to reduce or deny the claim and think that not mentioning it will prevent that. In reality, failure to disclose a pre-existing injury is more likely to result in a reduced or denied claim than disclosing it.
While individuals are not required to hire a car accident attorney to assist them, an attorney may be able to offer guidance as to when and how to disclose their pre-existing injuries. An attorney may also be able to assist if the insurance company does try to reduce or deny the claim due to the injury.
Retain All Medical Records and Gather Previous Relevant Records
In any car accident, retaining copies of the injured individual’s medical records is critical to their claim. These records prove the injury and its severity, treatment, and the doctor’s notes on when the individual may be considered fully recovered. These details are important to getting compensation.
When a pre-existing injury is aggravated in a car accident, gathering previous relevant records will also be critical. These records will show the status of the injury before the car accident happened. When compared to the medical records after the accident, this will help to prove the injury was exacerbated, the severity of that exacerbation, the treatment required, and the expected recovery. This information also contributes to determining compensation. This comparison not only ensures that the individual is compensated for their pain and treatment of the pre-existing injury after the accident, but can also help sort out treatments that are related to the accident and ones that were already expected to happen in the event that the pre-existing injury is not fully healed when it is made worse by the car accident.
Request a Copy of the Accident Report
As of August 1, 2024, the Missouri State Highway Patrol has changed the process of getting an accident report to an electronic process. There is a $6 fee for each accident report, due by debit or credit card at the time of the request. Official crash reports are available ten days after the accident.
Getting a copy of the accident report is important because it may contain details that can be used to prove the other driver is liable for the accident, and therefore, for the individual’s injuries. These reports only remain for 29 days after they have been posted, so it is important to make this request as soon as possible.
File Before Statute of Limitation Expires
Per RSMo. §516.120, car accident victims have five years from the date of the accident to file their claim. While this may sound like a long time, it can actually pass by very quickly, particularly for individuals who may be severely injured and are focused on their recovery. The collection of evidence, negotiations, and other tasks can take a significant amount of time as well, which means that any delays can result in an individual not being able to file a claim because the statute of limitations has expired. This is why it is crucial to begin building a case as soon as possible after the accident, including hiring a lawyer, if the individual opts to do so.
How a Rolla Car Accident Attorney May Benefit You
Car accidents are never pleasant. A pre-existing injury aggravated in a car accident only makes a car accident more unpleasant and frustrating. A Rolla, Missouri car accident attorney may be able to lighten your load by gathering evidence, speaking with the insurance company on your behalf, negotiating the claim, and if necessary, filing a lawsuit to get the compensation to which you are entitled. The attorney may also be able to build a case against the other driver, using witness statements, the crash report, medical records, and footage from nearby cameras if available. If you would like to learn more about how an attorney can assist you, call Steelman Gaunt Crowley at (573) 341-8336 to schedule a consultation and review the details of your case with one of our experienced and compassionate attorneys.
