How Do Pre-Existing Conditions Affect Personal Injury Claims?
September 11, 2019 | Catastrophic Injuries
Car accidents are one of the leading causes of aggravated injuries. During a crash, victims can suffer new injuries, in addition to the worsening of injuries caused in past accidents. Re-injured pre-existing conditions can cause severe physical, mental, and financial damages, but with an experienced attorney on your side, you can recover compensation with a strong St. Louis pre-existing injury claim.
What is Aggravation of a Pre-Existing Injury?
If a pre-existing condition is flared up during a different accident, you might be wondering if you can still pursue a claim. Depending on what caused the accident, whether there’s proof of your pre-existing injury and evidence of the other party’s negligence, you could be eligible to recover a settlement from the liable party.
Under federal and Missouri law, if someone causes injury to or kills another person, the negligent party is liable for the victim’s damages. The Eggshell Skull Rule enforces this for situations involving pre-existing conditions, stating, “a defendant is liable for a plaintiff’s unforeseeable and uncommon reactions to the defendant’s negligent or intentional act. The “eggshell skull” rule makes the tortfeasor take his/her victim as s/he finds him.”
For example, if someone suffered an injury at work years before a car accident, and the damage was worsened during the crash, the negligent party would be liable to compensate the victim for their worsened condition.
Common Pre-Existing Injury Claims in Missouri
Catastrophic accidents, such as motor vehicle crashes, sports injuries, and slip and falls, can potentially re-injure a victim’s pre-existing injury and cause additional harm and losses. The most common injury claims in Missouri involving pre-existing conditions include:
- Back damage – herniated discs, spinal cord injuries, ruptured discs
- Neck injuries – whiplash from car accidents, neck fractures, pinched nerves, neck sprains
- Broken bones and fractures – if broken bones heal improperly, they are more susceptible to injury – a re-injured broken bone or fractured body part could cause mobility and other issues pertaining to the function of the limb
- Joint pain – repetitive finger, leg, back, wrist, and other joint injuries can cause arthritis to flare up, limiting function and coordination abilities
- Head injuries – every year, more than 3 million people suffer head injuries such as concussions, hematomas, and fractures. The human brain is connected to most functions of the body, and when it becomes injured, this could lead to permanent damages such as loss of mobility, loss of coordination, decreased mobility, paralyzation, or death in more severe cases
If you suffered an aggravation of a pre-existing injury and you want to file a claim, you could be eligible to recover present and future damages from the negligent party. Most re-injured or aggravated injuries require regular treatment, such as medication, physical therapy, and other procedures to heal and keep the area protected from future harm. Treatment for pre-existing conditions can be expensive, and the emotional and mental pain attributed to this can be immense, but with a St. Louis Personal Injury Lawyer on your side, the maximum amount of compensation can be recovered for your harm and losses.
Recoverable Damages for a Pre-Existing Condition in Missouri
When it comes to pre-existing conditions, it’s best to err on the side of caution and identify actions that could cause further harm to your condition. However, sometimes, pre-existing conditions can be flared up by another person’s negligent actions. If you suffered harm to your pre-existing injuries in an accident, you could be eligible to pursue a pre-existing injury claim in St. Louis. Typically, with medical records, proof of the other party’s negligence, and other evidence, victims with pre-existing conditions can recover compensation for medical expenses, mental and emotional distress, loss of income, damage to personal property, and other expenses pertaining to their aggravated injuries.
Can a Missouri Personal Injury Lawyer Recover Compensation for My Pre-Existing Condition?
If you suffered harm to a pre-existing condition due to another person’s negligence, you could recover compensation for present and future damages with a valid injury claim in St. Louis.
Christopher Dixon has recovered compensation for countless pre-existing injury victims in Missouri and has the results to prove it. When you choose Chris Dixon to represent your Missouri pre-existing injury claim, you can be confident that your case is in the best hands. Chris Dixon’s efforts have recovered over $35,000,000 in settlements for victims and their families in St. Louis and received recognition as a “Top 100 Trial Lawyer” by the National Trial Lawyers Association.
If you ready to file a claim against the negligent party responsible for the aggravation of your pre-existing condition, and discuss the options available to your pre-existing injury claim in St. Louis, call (314) 208-2808 or contact the Dixon Injury Firm now for a free case review or consultation with our St. Louis Pre-Existing Injury Claim Lawyers.