How does a pre-existing condition affect how much I recover in my settlement?

Insurance companies frequently use pre-existing conditions to reduce settlement offers by arguing that your current complaints are attributable to prior problems rather than the accident. The key legal distinction is between aggravation (the accident made an existing condition worse) versus causation (the accident caused a new injury). You are entitled to compensation for the aggravation or worsening of a pre-existing condition — not just for new injuries. However, you can only claim the amount by which the accident worsened your pre-existing condition, not for the underlying condition itself. This requires clear medical evidence distinguishing your pre-accident functional status from your post-accident status. Pre-accident medical records are crucial: they establish your baseline before the injury, allowing comparison to post-accident treatment records. Without them, insurers will argue (with little rebuttal) that all current complaints stem from pre-existing conditions. Work with an attorney who can retain medical experts to clearly define the incremental harm caused by the accident.