Having pre-existing injuries can make collecting a car accident settlement tricky, and in some cases can really hurt your chances at getting enough compensation to cover your medical bills.
The key questions to ask here are:
- What was the scope and location of the pre-existing injuries?
- What was the location and scope of the new injuries caused by the car accident?
As a general rule, if the injuries that pre-dated the crash were not made worse, don’t expect to be compensated for those injuries. If there are new injuries in the same area as the existing ones, you’ll need to prove that they were not there prior to the crash for them to be included in the car accident settlement offer.
However, as with most things involving auto accident law, this is not a black and white issue. In some cases, it may be possible for an injured party whose pre-existing condition was worsened or prolonged as the result of an accident to claim compensation for the degree which the pre-existing condition was made worse as a result of the accident.