Published on October 19, 2023 • Updated on March 24, 2026
When you file a personal injury claim after a car accident, insurance companies look for any reason to reduce what they pay. If you have a pre‑existing injury or medical condition, they may try to use it against you. But here’s the truth: a pre‑existing condition does not disqualify you from compensation. If the accident made your condition worse, you may still have a strong claim.
The question is not whether you have a pre-existing medical condition. What matters is whether the accident aggravated that injury or caused additional harm.
In general, a negligent person is responsible for all injuries that are caused by their wrongful actions. If the accident results in a shoulder injury, the negligent party would be liable for all consequences of that injury, but not if the shoulder injury occurred at some point before the accident.
However, the accident could have exacerbated your existing shoulder injury, causing you to need additional treatment (possibly surgery and/or rehabilitation) that was not required before the accident.
You cannot make a claim for the original injury, only for any additional treatment necessary due to the accident, such as:
With a pre-existing injury, you (the plaintiff) must show the accident was the proximate cause of the aggravation of the condition. In other words, you must prove that without the accident, the additional treatment (i.e., surgery and rehabilitation) would not be necessary.
Proximate cause is a legal term meaning that a specific outcome was the result of a certain action or chain of events.
What You Should Do
Having a pre-existing condition can complicate your case. To strengthen your claim:
Insurance companies often try to blame all your symptoms on the pre‑existing condition. Proper documentation helps prevent that.
Missouri follows the eggshell skull rule. This was created to protect individuals who suffer from pre-existing injuries.
Under this rule, defendants have to take plaintiffs as they find them. That means a defendant will still be liable to pay damages for the severity of the injuries that they cause, regardless of the victim’s previous condition or weakened state. “If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not.”
Individuals with pre-existing injuries can pursue compensation after an accident, even in cases in which a person’s injuries would not have been bad if not for those pre-existing conditions. People with pre-existing conditions must be able to demonstrate that the condition was made worse by the accident and that no reason existed to believe the victim’s condition would get worse before the accident.
Common pre-existing conditions that could be exacerbated after an accident.
Even a seemingly minor collision can significantly worsen these conditions.
If a car accident has aggravated your pre‑existing medical condition, you don’t have to navigate the insurance process alone. Having an experienced attorney on your side can make all the difference in protecting your rights and securing the compensation you deserve.
Call Nash & Franciskato at (877) 284-6600 for a free, no‑obligation case review. You’ll speak directly with a member of our experienced team who will evaluate your situation and explain your options.
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