Hi, I'm attorney Conor McAteer here with DM Injury Law. If you've been injured in an accident and you have a pre-existing injury to the same part of your body, the insurance company is going to tell you that's a problem for your claim. I want to explain why that's not the whole story. Missouri law follows what's called the eggshell skull plaintiff doctrine. The idea is that defendants must take plaintiffs as they find them.
You don't have to be in perfect health before an accident for the person who hurt you to be fully responsible for the harm they caused. What that means is, if you had a prior back injury, for instance, and the accident made your back significantly worse, the defendant is responsible for that worsening. The challenge is proving the line between what existed before and what the accident caused or made worse. That's where medical evidence becomes essential. You need treating physicians and potentially Independent Medical Experts who can draw that distinction. Clearly, insurance companies will pull all of your past medical records if they find prior treatment for anything near the injury site. They argue that your current symptoms are entirely pre-existing and that the accident didn't cause them. Your attorney's job is to establish the baseline. We'll communicate your condition and function levels before the accident, then we'll document the deterioration caused by the accident. If you are managing a prior condition well, working normally, and living your life before the accident, and now you can't, that's a compensable loss. Don't let an insurance company use your medical history against you without a fight. Pre-existing conditions are not automatic disqualifiers in Missouri. Call DM Injury Law at (816) 888-7500 for a free consultation of your case. We won't let the insurance companies take advantage of your injuries.