Personal injury laws exist to provide compensation to individuals who suffer harm due to another party’s negligence or intentional wrongdoing. In Missouri, as in many states, personal injury claims can often involve difficult factors that impact the assessment of damages and liability. One such critical factor is the presence of pre-existing medical conditions in the injured party.
Pre-existing conditions can significantly influence the outcomes of personal injury claims, from the calculation of damages to the strategies used by defense and plaintiff attorneys. Understanding how Missouri courts handle pre-existing conditions is essential for claimants involved in personal injury litigation.
At The Tourigny Law Firm LLC in Kansas City, Missouri, we’re committed to helping you work through your personal injury claim. Here, we’ll discuss how pre-existing conditions shape the pursuit of justice and compensation in Missouri.
Pre-Existing Conditions
A pre-existing condition refers to any injury, illness, or medical impairment that existed prior to the incident that gave rise to a personal injury claim. These conditions can range from minor issues such as a prior sprain to significant chronic diseases or disabilities.
In personal injury cases, the existence of such conditions complicates matters because they raise questions about causation and damages.
Causation: Did the defendant’s negligent act cause or worsen the plaintiff’s injury?
Damages: To what extent should the plaintiff be compensated for injuries that might have existed before the incident?
These questions form the crux of disputes involving pre-existing conditions.
Missouri Personal Injury Law
Missouri follows the principle of comparative fault in tort law, which means that damages can be reduced based on the plaintiff’s percentage of fault, but it doesn’t bar recovery entirely unless the plaintiff is more than 50% at fault. This principle applies broadly in personal injury cases.
Regarding pre-existing conditions, Missouri courts generally apply the "eggshell plaintiff" rule, which states that a defendant must take the plaintiff as they find them.
In other words, if a defendant’s negligence aggravates or worsens a pre-existing condition, the defendant is responsible for the full extent of the injury caused, even if the injury is more severe due to the plaintiff’s prior health.
The “Eggshell Plaintiff” Doctrine in Missouri
Missouri courts uphold the eggshell plaintiff doctrine in personal injury cases. This doctrine means that if a person has a pre-existing vulnerability, and the defendant’s negligence causes an injury that exacerbates this vulnerability, the defendant is liable for all resulting harm, even if an average person would have suffered less damage.
Challenges Posed by Pre-Existing Conditions
Although the eggshell plaintiff rule is clear, pre-existing conditions present several practical challenges in Missouri personal injury claims:
Establishing Causation and Liability
The defendant may argue that the plaintiff’s injuries result primarily from their pre-existing condition, not the accident or negligence. Missouri courts require plaintiffs to prove that the defendant’s negligence was a cause-in-fact of their injuries, even if the injuries wouldn’t have been as severe but for the pre-existing condition.
Calculating Damages
Determining how much the defendant should pay can be complicated. The jury or judge must decide which portion of the plaintiff’s damages is attributable to the defendant’s actions and which stems from the pre-existing condition. Medical testimony is often critical here.
Evidence and Medical Records
Pre-existing conditions necessitate thorough medical documentation to establish baseline health before the injury and demonstrate the aggravation caused by the defendant’s conduct. This requires access to prior medical records, expert opinions, and detailed examination of the plaintiff’s medical history.
Jury Perception
Juries may be skeptical when plaintiffs have significant pre-existing conditions. Defense counsel often argues that the plaintiff’s injuries were inevitable or primarily caused by the prior condition, attempting to minimize damages.
When navigating personal injury claims in Missouri, pre-existing conditions present significant hurdles related to establishing causation, calculating damages, providing adequate evidence, and addressing potential jury skepticism.
Missouri Statutory and Procedural Considerations
Missouri law addresses the intricacies of pre-existing conditions in personal injury claims through statutory and procedural considerations, including the principle of comparative fault, Missouri Pattern Jury Instructions, and the crucial role of expert medical testimony.
Comparative Fault and Pre-Existing Conditions
While Missouri’s comparative fault statute doesn’t directly address pre-existing conditions, the principle influences how damages are awarded. If the plaintiff’s pre-existing condition resulted from their own negligence, this may impact their comparative fault percentage.
Missouri Pattern Jury Instructions (MPJI)
The Missouri Pattern Jury Instructions provide guidance on instructing juries regarding damages and pre-existing conditions. These instructions emphasize that defendants are liable for injuries caused or worsened by their actions, consistent with the eggshell plaintiff rule.
Expert Witnesses and Medical Testimony
Missouri courts rely heavily on expert testimony to delineate the extent of pre-existing conditions and the impact of the injury-causing event. Expert witnesses may include physicians, chiropractors, and vocational rehabilitation specialists who assess the plaintiff’s medical history, current condition, and prognosis.
These statutory and procedural elements in Missouri provide a framework for navigating personal injury claims involving pre-existing conditions, ensuring that legal principles and expert evaluations inform the determination of liability and damages.
Strategies for Claimants with Pre-Existing Conditions
Claimants with pre-existing conditions must take proactive steps to strengthen their claims:
Comprehensive medical documentation: Maintain thorough records of medical history, including previous diagnoses, treatments, and condition severity.
Expert medical testimony: Retain credible medical experts who can clearly explain how the defendant’s negligence worsened the condition.
Clear causation argument: Focus on demonstrating that the defendant’s actions were a substantial factor in causing new injuries or aggravating existing conditions.
Detailed damage calculation: Quantify the costs and losses attributable solely to the accident, including medical expenses, lost wages, and pain and suffering.
Therefore, individuals with pre-existing conditions pursuing personal injury claims should prioritize comprehensive medical documentation, expert medical testimony, a clear causation argument, and a detailed calculation of damages to strengthen their case.
Defense Strategies in Missouri
Defense attorneys often use the following approaches in cases involving pre-existing conditions:
Minimizing causation: Argue that the plaintiff’s injuries stem primarily from the pre-existing condition, not the defendant’s conduct.
Challenging damages: Use medical experts to dispute the extent of aggravation or the necessity of treatments.
Questioning credibility: Suggest that the plaintiff’s symptoms existed independently and that the accident didn’t materially worsen the condition.
Comparative fault: If applicable, argue that the plaintiff’s pre-existing condition results from their own negligence or failure to mitigate damages.
In cases involving pre-existing conditions, defense strategies often focus on minimizing the causal link between the defendant's actions and the plaintiff's injuries, challenging the extent of damages claimed, questioning the credibility of the plaintiff's condition, and, where applicable, arguing comparative fault based on the plaintiff's pre-existing condition or failure to mitigate.
Insurance Considerations
Insurance companies handling personal injury claims in Missouri often scrutinize pre-existing conditions closely. They may reduce settlement offers based on the likelihood that the injury was partially or wholly due to prior conditions. Claimants should be prepared to negotiate or litigate with this in mind.
For injured parties with pre-existing conditions, understanding the laws in Missouri can help in effectively pursuing fair compensation. Likewise, defense strategies must carefully address the medical intricacies and legal precedents to mitigate liability.
Ultimately, Missouri’s personal injury system seeks to balance the realities of pre-existing conditions with the principle that negligent parties should bear responsibility for the harm they cause, no matter the plaintiff’s prior health status. This makes sure that justice serves both fairness and accountability in personal injury litigation.
Experienced Legal Guidance
Pre-existing conditions play a significant and nuanced role in personal injury claims in Missouri. If you’re facing a personal injury case that has aggravated a pre-existing condition, contact our firm. Our attorney serves clients in all of Kansas and Missouri and is ready to help you with your case. Reach out for a consultation today.
