Though accidents are common nowadays, it is important for drivers to keep in mind that previous accidents can affect any compensation claim they file. A compensation claim can cover losses from injuries caused by someone else’s negligence.
Insurance companies and courts review not only the current accident but also all prior accidents to determine the amount of compensation. Past injuries may impact how much money you receive, especially if they are related to the current injury.
In this blog post, we will explain how previous accidents might affect your compensation claim and what you should know.
How Do Previous Accidents Affect Your Current Injury Claim?
It is easy to underestimate this point, but insurance companies always check for any prior accidents when handling your current injury claim. They carefully review your medical history and any previous accidents to see if your current injuries are new or existed before.
This helps them decide if the latest accident caused or made your injuries worse. Plus, insurance adjusters use this information to lower the payout if they think past injuries explain your condition. Always be truthful about all prior accidents to avoid problems in your claim and help prove your current injury is from the recent accident.
Can a Past Injury or Accident Reduce The Compensation?
If you are wondering if a past injury or accident can reduce your compensation, the answer is yes; it can sometimes make claims more complex. Insurance companies often try to lower payouts by saying your current injuries come from earlier accidents. They may use your medical history to support this.
However, legal rules like the eggshell plaintiff protect you, where the rule means if the new accident worsens an old injury, the responsible party must pay for the added harm. So, working with a lawyer can help ensure you get fair compensation despite pre-existing injuries.
What Is the Legal Meaning of Aggravation of Prior Injuries?
Let us understand what exactly is aggravation of prior injuries. In legal terms, it means that a pre-existing injury or condition has been made worse by a new accident. For example, an old back injury may get more painful or cause new problems after a car crash, and though this worsening is not temporary, it is more permanent.
That’s why your medical records are very important to show how the new accident caused the injury to get worse. Proper documentation helps prove that the current damages result from the latest event, not just the old injury.
Will Having Multiple Past Accidents Hurt My Case?
If you are wondering whether having multiple past accidents will hurt your case, it depends on how the insurer uses that history. Insurance companies may see repeated accidents as a risk and try to lower your payout. However, they must focus on the damage and fault of the current accident, not just your past.
And having several past accidents does not stop you from filing a claim for a new injury. Each claim is judged on its own facts. It is important to provide clear facts about this accident to ensure you get fair treatment despite prior claims.
How Can Previous Accidents Influence Settlement Amounts?
You need to understand that previous accidents can influence your settlement amounts in several ways. If your new injury makes an old injury worse, insurance may reduce the payout based on your past conditions. Factors like the severity of the aggravation, medical costs, and lost wages affect how much compensation you get.
Settlements can vary widely, from thousands to hundreds of thousands of dollars, depending on evidence and injury impact. Proper medical proof linking the new accident to worsened injuries is crucial to maximizing your settlement despite prior accidents or injuries.
Conclusion
- Previous accidents can affect your compensation claim.
- Insurance companies look closely at all injuries, old and new.
- It is important to share complete and honest information about your past accidents, so you can seek help to ensure fair compensation.
