How Pre-Existing Conditions Affect Missouri Slip and Fall Cases
Quick answer: In Missouri slip and fall cases, pre-existing conditions like prior back injuries, chronic arthritis, or neurological disorders often complicate claims. Defense attorneys use these health issues to minimize damages. However, under the eggshell plaintiff rule, victims can still recover compensation for the aggravation of prior injuries with proper medical evidence and legal representation.
Suffering an injury from a fall is overwhelming, but the legal process becomes much more complex when you already have underlying health issues. Many accident victims worry that their medical history will ruin their chances of recovering fair compensation.
When you file a personal injury claim, insurance companies and defense attorneys will thoroughly review your medical records. They look for any past injuries or chronic conditions to argue that the fall did not actually cause your current pain.
However, having a medical history does not disqualify you from seeking justice. The legal system provides protections for victims with prior health issues, provided they can clearly demonstrate how the recent accident worsened their state. Labovitz Law Firm explains how pre-existing conditions influence Missouri slip and fall cases and outlines the strategies needed to protect your right to compensation.
What Are Pre-Existing Conditions and Why Do They Matter in Slip and Fall Cases?
A pre-existing condition is any health issue, injury, or medical illness you had before the accident occurred. In the context of personal injury law, these conditions matter because compensation is directly tied to the specific harm caused by the incident in question.
In Missouri slip and fall cases, any pre-existing condition that causes pain, affects mobility, or makes you more prone to injuries will complicate the legal process. The defense will likely argue these underlying issues caused your current symptoms rather than the fall itself.
Because the burden of proof rests on the injured party, you must clearly distinguish between old ailments and new trauma.
What Common Pre-Existing Conditions Can Impact Your Missouri Slip and Fall Claim?
Defense lawyers scrutinize medical records to find any vulnerabilities in a plaintiff’s health history. Labovitz Law Firm routinely sees specific medical issues weaponized during negotiations and trials.
1. How Do Prior Back or Neck Injuries Affect Your Case?
Issues like herniated discs, chronic sciatica, or degenerative disc disease from a previous injury or aging frequently appear in slip and fall cases. Because back and neck trauma are common outcomes of a hard fall, insurance adjusters often claim that your current spinal pain is merely a continuation of your previous degenerative disc disease or old injury.
2. What Role Do Chronic Joint Conditions Play?
Pre-existing arthritis, osteoporosis, or old shoulder and knee injuries (such as prior ACL tears or hip replacements) make bones and joints more susceptible to damage. While a healthy individual might walk away from a fall with a bruise, someone with osteoporosis might suffer a severe fracture.
3. Can Balance-Impacting Neurological Disorders Hurt Your Claim?
Conditions that affect your gait or equilibrium, such as vertigo, epilepsy, or multiple sclerosis, are often cited by the defense to shift liability. Property owners may argue that your neurological disorder caused you to lose your balance, rather than a hazardous condition like a wet floor or broken stairs.
4. How Do Previous Traumatic Brain Injuries (TBIs) Complicate Matters?
If you have a history of concussions, it can be significantly more difficult to prove which cognitive or physical symptoms stem from the new fall. Defense attorneys will attribute headaches, memory loss, or dizziness to the previous brain trauma rather than the current accident.
5. Why Do Defense Lawyers Check for Medication-Related Issues?
Certain prescription medications cause drowsiness, lightheadedness, or slowed reflexes. Defense lawyers frequently highlight these side effects to argue that your medication-induced dizziness contributed to the fall, attempting to reduce the property owner’s liability under Missouri’s comparative fault rules.
How Do Defense Lawyers Use Pre-Existing Conditions Against You?
Insurance companies are profit-driven entities that seek any legal avenue to reduce their payouts.
How Do Defense Attorneys Argue Causation?
To win a personal injury case, the plaintiff must prove that the defendant’s negligence directly caused the injury. Defense attorneys disrupt this link by pointing to your medical records. They will claim your herniated disc was already fully symptomatic before you ever stepped onto their client’s property.
What Strategies Do Insurers Use to Minimize Damages?
Even if a property owner admits their floor was dangerously wet, their insurance company will try to limit the settlement amount. They achieve this by arguing that they should only pay for a fraction of your medical bills, asserting that most of your physical therapy or surgery was necessary due to your chronic joint conditions rather than the fall itself.
How Do Property Owners Attempt to Shift Blame?
Missouri follows a pure comparative negligence system. This means that if a court finds you partially at fault for the accident, your compensation is reduced by your percentage of fault. Defense attorneys use medication-related issues and neurological disorders to argue that you were clumsy or impaired, thereby shifting a large portion of the blame onto your shoulders.
Why Is Legal Representation Important for Missouri Slip and Fall Cases?
Navigating a premises liability claim requires extensive legal knowledge, especially when medical histories complicate the narrative.
An experienced attorney manages the entire legal process, from investigating the accident scene to handling aggressive insurance adjusters. Labovitz Law Firm protects clients from signing blanket medical authorizations that allow insurers to dig through decades of irrelevant health history.
Missouri’s pure comparative fault laws and specific statutes of limitations require precise legal maneuvering. A skilled attorney understands how to present evidence under the eggshell plaintiff rule to ensure your pre-existing conditions are viewed legally as vulnerabilities that the defendant illegally exploited through their negligence, rather than excuses to deny your claim.
What Should You Do Next to Protect Your Claim?
Pre-existing conditions do not negate your right to a safe environment. While defense attorneys will attempt to use your medical history against you, the law protects individuals whose underlying issues were worsened by another party’s negligence. Success relies on gathering the right medical evidence, utilizing expert testimony, and leveraging rules like the eggshell plaintiff doctrine.
If you suffered an injury on someone else’s property and are worried about how your medical history will impact your claim, do not face the insurance companies alone. Contact Labovitz Law Firm today for a comprehensive evaluation of your case. Our dedicated team will help you fight for the compensation you rightfully deserve.
Frequently Asked Questions About Pre-Existing Conditions in Missouri Slip and Fall Cases
Can I be denied compensation completely if I have a pre-existing condition?
No, you cannot be outright denied compensation simply for having a pre-existing condition. Under Missouri law, you are entitled to damages if a slip and fall aggravated or worsened your prior health issue, though you will only be compensated for the newly aggravated portion of the injury.
Do I have to disclose my pre-existing conditions to the insurance adjuster?
While you should not hide relevant medical history, you should never provide a recorded statement or sign a blanket medical release form for the insurance adjuster without consulting an attorney. A lawyer will ensure the insurer only receives medical records relevant to the specific injuries claimed in the lawsuit.
How does Missouri’s comparative fault rule affect slip and fall victims with balance issues?
Under Missouri’s pure comparative fault rule, your total compensation is reduced by your percentage of fault. If a jury determines your pre-existing balance disorder made you 20% responsible for the fall, you can still recover 80% of the damages from the negligent property owner.
