If you were already in a sling, cast, or dealing with an injury when you were hit in a car accident, you may wonder whether that affects your ability to recover compensation. In Missouri, the law is clear: you can still pursue a personal injury claim, but your pre‑existing condition may influence how fault and damages are evaluated.

Missouri Uses Pure Comparative Fault

Missouri follows a “pure comparative fault” system, which means each party is assigned a percentage of responsibility for the crash. Your compensation is then reduced by your share of fault. For example, if you are awarded $100,000 but found 10% at fault, you would receive $90,000.

Does Wearing a Sling or Cast Affect Fault?

Simply being injured ahead of time does not make you at fault for an accident. Missouri law does not punish anyone for having medical conditions or recovering from injuries. What matters is whether your actions contributed to the collision.

And even if you are taking doctor‑prescribed medication after a medical procedure, it’s important to know that if those medications impair your ability to drive safely, you could face criminal charges or be found partially at fault in a civil claim.

If your sling or cast limited your mobility—such as slowing your ability to steer or shoulder‑check—an insurance company may try to argue that it contributed to the accident. While this does not automatically make you responsible, it can create disputes that require strong legal advocacy.

The “Eggshell Plaintiff” Rule Protects You

Missouri recognizes the “eggshell plaintiff” doctrine, which means the at‑fault driver is responsible for the harm they caused even if you were more vulnerable because of a pre‑existing injury. If the crash worsened your condition, you are entitled to compensation for that aggravation.

How Insurers Use Pre‑Existing Injuries Against You

Insurance companies often try to minimize payouts by claiming that your pain or limitations stem from your prior injury—not the crash. They may question your mobility, your ability to drive, or the severity of the aggravation. This is why documenting your medical history and noting any changes after the collision is so important.

Why Having an Attorney Matters

Pre‑existing injuries can make a claim more complex, but they do not prevent you from recovering compensation. A Missouri personal injury attorney can help prove how the crash worsened your condition, protect you from unfair blame, and ensure you are not penalized for simply being injured at the time of the accident.

If you were hurt in a Kansas City car accident while already in a sling or cast and have questions about how comparative fault applies, I’m here to walk you through your options and fight for the recovery you deserve. Visit www.edawilliamslaw.com to learn more or to schedule a consultation.