Thoracic outlet syndrome occurs when blood vessels or nerves become compressed in the space between your collarbone and first rib. The sudden jarring motion of a car accident can inflame tissues around this already compressed area, leading to increased pain and reduced function.
St. Louis car accidents commonly aggravate thoracic outlet syndrome through several mechanisms:
- Whiplash forces strain the neck and shoulder muscles, creating additional pressure on the thoracic outlet space.
- Direct impact to the chest or shoulder area can worsen existing nerve compression.
- Sudden bracing against the steering wheel places stress on the shoulder and chest muscles.
- Post-accident muscle tension and inflammation can reduce the already limited space in the thoracic outlet.
Even minor accidents can trigger significant symptom flares in people with preexisting thoracic outlet syndrome. The delicate balance of muscles, nerves, and blood vessels in this area makes it particularly vulnerable to trauma-related aggravation.
Understanding Missouri's “Eggshell Skull” Rule
Missouri follows the “eggshell skull” doctrine, which protects accident victims with preexisting conditions. This legal principle holds that defendants must take victims as they find them, including any vulnerabilities or existing health problems.
Under this rule:
- The at-fault driver remains fully responsible for all injuries caused by the accident.
- Your preexisting thoracic outlet syndrome doesn't reduce the value of your claim.
- The insurance company cannot argue that someone without your condition would have suffered less harm.
- You can recover compensation for the full extent of your worsened symptoms.
The “eggshell skull” doctrine ensures that people with preexisting conditions receive fair treatment in personal injury claims.
Proving Your Condition Worsened After the Accident
Successfully pursuing compensation for aggravated thoracic outlet syndrome requires clear documentation showing how the accident changed your symptoms. Insurance companies often argue that your current pain stems from your preexisting condition rather than the collision.
Typically, you’ll want to have access to the following evidence:
- Medical records from before the accident showing your baseline symptoms and treatment history
- Emergency room records documenting new or worsened symptoms immediately after the crash
- Follow-up appointments with your treating physician, noting increased pain levels or functional limitations
- Imaging studies comparing pre- and post-accident findings
- Pain journals tracking symptom changes and daily activity limitations
Types of Compensation Available When You Work With a St. Louis Car Accident Lawyer
When a car accident aggravates thoracic outlet syndrome, you may recover compensation for damages related to your worsened condition. Your St. Louis car accident lawyer will work with you to obtain compensation for medical expenses, lost wages, and pain and suffering.
Medical Expenses
- Diagnostic testing to evaluate symptom progression
- Increased treatment costs for physical therapy sessions
- Additional medications for pain management
- Specialist consultations with neurologists or vascular surgeons
- Potential surgical interventions if conservative treatment fails
Lost Income and Earning Capacity
- Time off work during symptom flares
- Reduced productivity due to increased pain and numbness
- Inability to perform certain job tasks requiring arm and hand function
- Long-term career limitations if symptoms become permanently worse
Pain and Suffering
- Increased daily discomfort and functional limitations
- Sleep disruption from worsened symptoms
- Anxiety about symptom progression
- Reduced ability to participate in hobbies and activities
How Insurance Companies Try to Minimize Claims
Insurance adjusters may claim your current symptoms result entirely from your thoracic outlet syndrome rather than the accident. Some adjusters request extensive medical records hoping to find information that supports their denial arguments.
Other common strategies include:
- Hiring medical professionals to review your records and minimize the accident's impact
- Arguing that you would have experienced symptom progression even if the accident hadn’t occurred
- Offering quick settlements that don't account for your long-term symptom aggravation
- Requesting independent medical examinations with doctors who tend to minimize car accident injury claims
Having legal representation helps level the playing field against these tactics. At Bollwerk & Associates, our legal team is committed to ensuring that clients with preexisting conditions are treated fairly and have access to the resources they need to move forward with their lives after suffering a serious car accident injury.
