How Do Pre-Existing Injuries Affect Chicago Car Accident Compensation?

Pre-existing injuries frequently surface in car accident cases, and insurance companies try to use them against victims of Chicago car accidents. Insurance companies argue that they are not responsible for compensating victims who had a pre-existing injury, such as a slipped disc or a back injury, which was made worse by the most recent accident, or they make low-ball offers which amount to nothing more than a nuisance settlement offer. 

Insurance companies who take this tact are short selling the victim’s injuries and are also ignoring Illinois law. Victims of Illinois car accidents who have a pre-existing injury, sickness, or have a medical condition that makes them more susceptible to further injury have a right to receive compensation for the aggravation of his or her injuries that are worse after the car wreck,

How Should Pre-Existing Injuries Be Accounted for in Chicago Car Accidents?

Determining the exact amount of compensation is not a precise science. However, a well-documented medical history can shed some light on how much compensation a car accident victim could receive. Current medical records can prove the condition of the injury before the car accident. Physicians can compare those medical records to those generated by the most recent car wreck to understand the damage the latest accident caused.  

Following through with your medical care will lend you credibility with an opposing insurance company and will provide objective data that proves how your injury has worsened or that your pre-existing condition led to another medical condition. Similarly, your employment history could provide objective data. If you had to change your job function or cannot work any longer after the car accident, the insurance company can see that your pre-existing injuries are objectively worse.

Having a pre-existing injury exacerbated by another person’s negligence in a car crash can be frustrating and annoying. Having the be lawyers by your side can help you focus on your physical recovery while providing the legal support you need to win just financial compensation from the responsible party.


Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.

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