Detailed Answer
The aggravation of a pre-existing injury occurs when a car accident worsens an existing medical condition. Under Missouri law, you can recover damages for the acceleration or exacerbation of a prior injury if you meet the legal requirements for personal injury claims.
1. Establish Causation Between the Accident and the Aggravation
Show a clear link between the collision and your worsened injury. Obtain medical records that document your pre-accident condition, including diagnostic images. Visit an independent medical examiner or specialist physician to compare your baseline condition with your post-accident status. The physician should issue a written opinion on how the accident aggravated your condition.
2. Document Pre-Existing Injuries
Gather all records from before the accident, such as:
- Medical records and billing statements
- Diagnostic reports (MRI, X-ray, CT scans)
- Physical therapy and chiropractic notes
- Prescriptions for medical devices or medications
- Worker’s compensation files if applicable
3. Record Post-Accident Worsening
After the accident, follow these steps:
- Seek medical attention immediately and follow your treatment plan within 72 hours.
- Keep a daily pain and symptom journal with dates and detailed descriptions.
- Save all invoices, prescriptions, therapy notes, and proof of payment.
- Photograph visible injuries, swelling, or limited range of motion.
4. Missouri Statute of Limitations
Under Mo. Rev. Stat. §516.140, you generally have five years from the date of the accident to file a personal injury lawsuit. Missing this deadline may bar your claim: RSMo §516.140.
5. Comparative Fault in Missouri
Missouri follows a pure comparative fault rule under RSMo §537.060. The court assigns each party a percentage of fault, and your recovery reduces by your share of negligence. Even if you are partially at fault, you can still recover compensation for the aggravated injury.
6. Calculate Damages for Aggravated Injuries
Include these in your damage claim:
- Past and future medical expenses related to the exacerbated condition
- Additional pain and suffering caused by the aggravation
- Loss of earning capacity if your work ability diminished
- Costs for physical therapy, rehabilitation, and assistive devices
Work with an attorney to evaluate non-economic damages for increased pain and lifestyle impact.
7. Settlement vs. Litigation
Most auto accident claims settle out of court. Present your documented evidence to the insurer. If negotiations stall, file a lawsuit before the statute of limitations expires.
Disclaimer: This article is for educational purposes only and does not provide legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Notify your insurance company promptly but avoid admitting fault.
- Maintain a medical journal to track pain levels and treatment progress.
- Obtain a detailed expert medical opinion on how the accident aggravated your condition.
- Preserve all physical evidence, including damage to vehicles or equipment.
- Consult an attorney experienced in Missouri personal injury law as soon as possible.