Can a Pre-existing Condition Affect Your Personal Injury Claim?
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Getting injured in an accident is stressful enough. But what happens when you were already dealing with a medical condition before the accident occurred?
Perhaps you had a previous back injury, arthritis, a neck condition, or an old injury that occasionally caused discomfort. After an accident, your symptoms become worse, your recovery takes longer, or you develop additional medical problems.
You may wonder whether your medical history will prevent you from pursuing compensation.
The good news is that having a pre-existing medical condition does not automatically prevent you from pursuing a personal injury claim.
In Missouri and Illinois, an injured person may have a claim when another party's negligence causes a new injury or aggravates an existing condition. However, the connection between the accident and the additional harm must be supported by evidence.
Understanding how pre-existing conditions affect personal injury claims can help you make more informed decisions about your legal options.
What Is Considered a Pre-Existing Condition?
A pre-existing condition is an injury, illness or medical condition that existed before the accident or incident that caused the current injury.
Examples may include:
Previous back or neck injuries
Arthritis or join problems
Herinated or bulging giscs
Previous fractures or broken bones
Chronic pain conditions
Prior surgeries or ongoing medical conditions
Degenerative spinal conditions
Having one of these conditions does not automatically mean that your current symptoms are unrelated to an accident.
For example, someone who occasionally experienced back pain before a car accident may develop significantly worse symptoms afterward. The accident may have aggravated the existing condition or caused an additional injury.
The circumstances and medical evidence matter.
Can You Still File a Personal Injury Claim If You Had A Previous Injury?
Yes. A previous injury does not automatically eliminate your right to pursue compensation.
The important question is whether someone else's negligence caused a new injury or made an existing condition worse.
Consider this example:
Before an automobile accident, a driver occasionally experienced mild back pain but could work, exercise, and perform everyday activities without significant difficulty.
After being involved in a collision cause by another driver's negligence, the individual begins experiencing severe back pain. Medical examinations reveal additional complications, and the individual now requires physical therapy and ongoing treatment.
In this situation, the individual's medical history may be relevant. However, it does not automatically mean that the accident had no impact on their health.
Medical evidence may help establish whether the collision caused additional harm beyond the condition that existed before the accident.
How Do Missouri and Illinois Handle Pre-Existing Conditions?
Although both states recognize claims involving the aggravation of pre-existing conditions, the specific legal analysis depends on the circumstances and applicable state law.
Missouri Personal Injury Claims
Missouri law recognizes that a person may pursue damages when another party's negligence aggravates an existing disease or medical condition.
However, the injured person has the burden of establishing a casual connection between the defendant's negligence, the injury, and the damages being claimed.
This means that simply having medical condition before an accident is not enough to establish liability. Evidence must support the connection between the incident and the additional harm.
Illinois Personal Injury Claims
Illinois also recognizes personal injury claims involving the aggravation of pre-existing conditions.
Illinois Pattern Jury Instruction 30.21 addresses circumstances in which an injury results from the aggravation of a pre-existing condition or a condition that makes someone more susceptible to injury.
Illinois courts also consider the relationship between previous injuries and current complaints. In Voykin v. Estate of DeBoer, the Illinois Appellate Court addressed the need for evidence connecting prior injuries to the injuries being claimed.
The important distinction is between a condition that already existed and additional harm that may have resulted from the accident.
Because the applicable rules and evidence requirements can differ, the details of each case should be evaluated individually.
What Evidence Can Help Support Your Claim?
When a personal injury claim involves a pre-existing condition, medical documentation and other supporting evidence can be especially important.
The following information may help establish what changed after the accident:
Previous Medical Records
Medical records from before the accident can help establish your previous health condition, symptoms, and treatment history.
Medical Records After the Accident
Records documenting your new symptoms, diagnoses, treatment, and medical recommendations may help demonstrate how your condition changed.
Medical Opinions
Your treating physician or qualified medical professional may help explain whether the accident caused a new injury or aggravated an existing condition.
Diagnostic Tests
Medical imaging, including X-rays, CT scans, or MRIs, may provide information about injuries or changes that require further evaluation.
Daily Activity and Symptom Records
Keeping track of your symptoms, treatment, physical limitations and changes in everyday activities can help document how the injury affects your life.
Employment and Financial Records
Pay records, employer statements, and documentation of missed work may help establish lost income or other financial consequences associated with the injury.
The evidence needed will depend on the nature of the accident, the medical condition, and the legal issues involved.
Why You Should Be Honest About Your Medical History
It may be tempting to avoid discussing an old injury because your are concerned that it could weaken your claim.
However, hiding previous medical conditions or providing incomplete information can create problems.
Insurance companies may review medical records and compare your medical history with the injuries you report. Inconsistencies can raise questions about the cause and extent of your current symptoms.
Being honest with your doctors and legal representative helps ensure that you medical history is properly considered.
A previous condition should not be confused with additional injuries or complications caused by someone else's negligence.
Should You Accept an Insurance Settlement If You Have a Pre-Existing Condition?
Before accepting an insurance settlement, it is important to understand what the settlement covers and whether the full extent of your injuries has been evaluated.
In cases involving pre-existing conditions, determining how much additional harm resulted from the accident may require medical evaluation and careful review of the available evidence.
Settling too early may create complications, particularly when your treatment is ongoing or the long-term effects of the accident are not yet clear.
Before agreeing to a settlement or signing documents that release claims, consider speaking with a personal injury attorney about your circumstances.
Frequently Asked Questions
Does having a previous back injury prevent me from filing a personal injury claim?
Not necessarily. You may still have a claim if another party's negligence caused a new injury or aggravated your previous back condition. Medical evidence and the facts of the incident are important.
What if my medical condition became worst after a car accident?
You may be able to pursue compensation for additional harm caused by the accident. A medical professional may help determine whether your symptoms are connected to the incident.
Can insurance companies use my previous medical records against me?
Insurance companies may examine previous medical records when evaluating a personal injury claim. However, the existence of a previous injury does not automatically establish that your current symptoms are unrelated to the accident.
Do I need to tell my attorney about previous injuries?
Yes. Providing an accurate medical history helps your attorney understand your circumstances, evaluate potential issues, and determine what evidence may be necessary to support your claim.
Should I speak with a personal injury attorney even if I have a pre-existing condition?
It may be beneficial to have your situation evaluated. An attorney can review the circumstances of the accident, your medical history, and the available evidence to help explain you potential legal options.
Speak With A & L, Licker Law Firm, LLC About Your Personal Injury Concerns
An existing injury or medical condition should not automatically discourage you from exploring your legal options after an accident.
If another person's negligence caused additional harm or made an existing condition worse, the circumstances deserve careful consideration.
At A & L, Licker Law Firm, LLC, we help individuals throughout Missouri and Illinois understand their legal options and pursue claims involving personal injuries.
Every situation is different, and the available legal options depend on the facts and applicable law.
Contact A & L, Licker Law Firm, LLC today to request a FREE case review and discuss your personal injury cocnern with our legal team.
References
The following legal authorities support the discussion of pre-existing conditions and aggravated injuries.
Missouri
Miller v. Gulf, Mobile & Ohio Railroad Co., 386 S.W.2d 97, 102 (Mo. 1964) — Missouri Supreme Court decision recognizing liability for aggravation of pre-existing conditions caused by negligence.
Rech v. AAA Plumbing Co., 798 S.W.2d 194, 196 (Mo. App. E.D. 1990) — Discusses the requirement to establish a causal connection between negligence, injury, and damages when claiming aggravation of an existing condition.
Hale v. Cottrell, Inc., WD76726 and WD76765 (Mo. App. W.D. Dec. 30, 2014) — Missouri Court of Appeals decision discussing pre-existing injuries, medical evidence, and causation.
Illinois
Voykin v. Estate of DeBoer, 192 Ill. 2d 49, 733 N.E.2d 1275 (2000) — Illinois Supreme Court decision addressing the relevance of previous injuries and the need for evidence connecting prior conditions with current injuries.
DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change regularly and the application of any rule depends on the specific facts of each case. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.
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