Pre-Existing Condition Aggrevated By Auto Accident

by Guest » Wed Jun 30, 2010 03:49 pm
Guest

My husband has a neck injury from a previous auto accident over 3 years ago. There is a plate in his neck and it has since healed 100%. We were in a wreck a couple weeks ago where it was the other drivers fault. My husband has muscualr pain in the neck and shoulder area as well as dizzyness which could cause future problems.
The auto accident re-injured or aggrevated his pre-existing condition. If they offer us a settlement and then find out he had a pre-existing condition, can they go back on their word and not cover any of the pain & suffering?
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Total Comments: 2

Posted: Wed Jun 30, 2010 08:49 pm Post Subject:

An offer is an offer.. a verbal offer is a binding contract. If they don't know by the time they make an offer, they won't bother checking.

Making an injury worse is what they should be considering. Pain and suffering goes along with this. If they know about the pre-X condition, and it's appropriate to consider it, it might reduce the amount they offer but it should not negate all of any portion of the payment.

Posted: Wed Jun 30, 2010 08:56 pm Post Subject:

After reading your duplicate post let me add... if you turn down the offer then the offer is no longer binding. So they could then change their offer amount.

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