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These type of injuries are those ones that still give you problems, even after on going treatment. In other words, for prior injuries to be an issue, the injury must active. If the injury was completely healed then there would not be issue, you would be as good as new.
But if there are prior injuries when you hit in a car accident, then the adjuster must determine two things. What is your health right before the impact, and what is your health after the impact. You would be paid for the difference.
For example, if you health was X and the accident caused Y, you would not be entitled to X + Y, but only to Y. In many cases, prior injuries are not an issue at all.
If you had a broken foot, and the accident gave you a broken arm, the two injuries are in depended of each other. Sure, you would be worst off with an arm and a leg broken than just a leg, but one injury clinically does not make the other better or worst.
However, if you had a surgery for a herniated disc, and you are rear ended, then impact would cause more damage to your back. When considering these factors, prior injuries and medical histories become an open book for adjusters.
Determining someone health condition before an accident and then after an accident is an expensive legal battle among medical experts, and only a jury could really decide how much worst of you are after an
If you are not going to court, and you are dealing with a prior injuries claim, then you need to convince the adjuster that you were healed or almost to that point and that now due to the accident the injury will take so much more time to recover back to the point it already was at.
They would not owe your for the entire injury, after all they did no cause the original injury. They only owe for worsening that injury. How much? That is where the dispute will be. The adjuster will try to find in your records that your injury was already in bad shape and the accident added little or nothing damage to it.
Your job as mentioned above will be the exact opposite, showing that you were almost healed but due to the accident the recovery will be longer.
Note that the recovery that the insurance company would owe you is not until you are 100% better, but until you are at the same potion you were with your prior injury.
For example, if your injury is X and they cause Y. They will only pay you for Y by documenting that Y is completely gone and you are left with what you had before the accident.
Get a great Bodily Injury E-book for more key information.
One thing is clear, if you hit someone and their injury is worsen because they had prior injuries, and that same impact would cause little or no injury to a “normal” person, you will be paying the higher rate. You must pay for you plaintiff as you find it.
This is perceived as unfair. You touched someone and now you have to pay high medical bills and pain and suffering that you did not have to pay if that person was healthy to begin with.
Although this argument is true, courts have been clear about allowing for that. The objective of tort law and remedies is to put the wronged party back in the position they were prior the impact. Perhaps courts are trying to encourage drivers to pay attention and this is one more way to punish those that do not.
Read more about bodily injuries and soft tissue injuries
If you’ve been injured and don’t know what to do next, a local personal injury attorney can answer your questions and help you decide on your next steps. The insurance claim process can be complicated, and insurance companies don’t always act in your best interests. Just fill out the form below to talk with a personal injury lawyer near you.
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