Traumatic brain injuries turn people’s lives upside down. For accident victims in Kansas and Missouri, there is always one major concern: whether a pre-existing health issue will affect their ability to recover compensation. Insurance companies often use prior medical conditions to reduce or deny claims. However, just because you have a pre-existing condition does not mean you lose your legal rights.
Here is what you need to know if you had a prior injury or condition before your TBI.
What Counts as a Pre-Existing Condition?
A pre-existing condition is basically anything in your medical background before the accident happened. In TBI cases, this could mean you had:
- An earlier concussion or another brain injury
- Neurological disorders
- Mental health struggles like anxiety or depression
- Previous head, neck, or spine injuries
The challenging part is that symptoms from these past conditions can mimic TBI symptoms. That is exactly why insurance adjusters scrutinize your medical history. They are hoping to argue that your current symptoms are not from the accident, but from your pre-existing condition, so that they can reduce or deny your claim.
Can You Get Compensated?
Yes. The law in Kansas and Missouri makes it clear: negligent parties remain responsible for the harm they cause, even if the victim was already at risk due to a prior issue. This is called the “eggshell skull rule,” which means the defendant cannot avoid responsibility just because the victim was not in perfect health before the accident.
If your TBI made an old injury worse or caused new complications, you can fight for compensation that addresses those changes.
How Pre-Existing Conditions Complicate TBI Claims
While you can still file a claim, a pre-existing condition can complicate matters. Insurers often argue that:
- The symptoms existed before the accident
- The injury isn’t as bad as you claim
- The accident didn’t actually cause your current problems
Because of this, it is vital to gather strong evidence and build a strong case.
Proving Your Case
To succeed in a TBI case, you need to prove that the accident either caused your TBI or worsened your pre-existing condition. Helpful evidence includes:
- All your medical records before and after the accident
- Doctors’ opinions about how your condition changed
- Expert testimony tying your symptoms to the accident
- Imaging tests like MRIs or CT scans
The Importance of Medical Treatment
Don’t wait to see a doctor after an accident. If you delay treatment, insurers might question your claim. Tell your doctor everything about your medical history. Honesty builds the record you need for your case and ensures you get the right care for both the TBI and any prior condition(s).
In summary, a pre-existing condition does not prevent you from seeking compensation after a traumatic brain injury. If an accident caused new harm or made your condition worse, you still have the right to pursue a claim. However, TBI claims involving pre-existing conditions can be complex. Insurance companies get aggressive and look for ways to pay less. The right attorney can gather evidence, bring in expert witnesses, and push back against insurers who twist the facts.
Contact Us for Legal Help
Injured and dealing with a pre-existing condition? Our experienced brain injury counsel at Griggs Injury Law is here to help. Contact us today for a consultation and learn how to protect your rights.
