Insurance adjusters often try to blame a pre-existing injury to justify a low settlement offer.
Truth is, a pre-existing injury may have no impact on claim value or can even lead to higher compensation, since the accident could have caused more severe injury and pain than it otherwise would have due to the pre-existing condition (something known as the “eggshell plaintiff” rule).
Of course, insurance companies should not have to pay for injuries or conditions that already existed prior to an accident. But it is rarely that simple, and it is untrue that all pre-existing injuries or conditions are unaffected by an auto accident. What’s fair is fair, and insurance companies should be required to pay for the injuries, pain and/or worsening that a person suffers as the result of an auto accident.
Be aware: some insurance adjusters will try to settle a case quickly, without the involvement of an attorney. And yes, your claim can be settled in short order, but it will be a lopsided outcome in favor of the insurance company.
The best way to make sure you receive full compensation if you have a pre-existing injury made worse by an accident is to contact us. We have decades of experience in auto accidents, and we are able to use a variety of strategies to build a case for high compensation even when there is a pre-existing injury. We have had excellent results for our clients in this regard.