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In Syracuse and across Central New York, we’ve seen it all: back problems, arthritis, and past surgeries—insurers will try to blame everything but the crash.
But under New York law, a pre-existing condition doesn’t cancel your rights. If an accident makes an old injury worse or causes a severe injury due to a pre-existing condition, the negligent driver can be held liable under the eggshell skull rule. Our skilled Syracuse personal injury lawyers use this protection to show how the crash aggravated your condition and fight for every dollar you deserve.
The Personal Injury Settlement Negotiation Process
What really matters after a car accident is the changes you feel in your health and daily life. That’s why your lawyer looks closely at your medical history and the circumstances of the crash.
They look at how your pre-existing condition was exacerbated and calculate damages that reflect both your immediate and long-term needs. That means not only today’s hospital bills, but also future costs like therapy, surgery, and lost earning capacity.
Your lawyer gathers everything, from treatment records to specialist evaluations, to paint a clear before-and-after picture of your health.
Then, a demand letter from your lawyer to the insurance company will lay out how the crash worsened your condition, how it disrupted your life, and why you deserve full compensation.
Lowball offers from the insurance company are almost guaranteed. The question is whether you’ll accept them. With a lawyer on your side, these offers get rejected and the pressure shifts back to the insurer to pay what’s fair.
How Settlement Values Are Calculated
Insurance companies often argue that your pain comes from your pre-existing condition, not the accident.
Again, in New York, if a crash worsens an old injury or condition, the at-fault driver can still be held responsible. For example, if you already had arthritis in your knee and a rear-end crash on I-81 in Syracuse made it so painful that you needed surgery, the driver who caused the accident could be held liable for the additional damage it caused.
Settlements cover both economic damages (medical bills, lost income) and non-economic ones (pain, suffering, loss of enjoyment of life).
In Syracuse, local jury verdicts and past settlements influence what insurance companies are willing to pay. Experienced Syracuse personal injury lawyers understand these benchmarks and use them to negotiate higher settlement values.
Insurance Company Tactics to Minimize Settlements
Insurance adjusters are trained to minimize payouts, especially when pre-existing conditions are involved.
Some common methods include:
- Blaming Old Injuries: Adjusters may argue that your pain existed before the crash. But the connection is obvious if you were moving normally before the crash and struggling after.
- Lowball Offers: They may push a quick check your way, a number far below what Syracuse juries have awarded in similar New York injury cases. That’s not generosity, it’s strategy.
- Delaying the Process: Insurers know bills pile up. By dragging their feet, they hope frustration and financial pressure will make you settle for less.
- Selective Use of Records: They’ll zero in on a single line from your medical history that helps their case, while conveniently ignoring the mountain of evidence that proves the crash made things worse.
Insurers have a script of tricks, but lawyers have countermoves. Expert testimony, diagnostic reports, and the credible threat of trial all shift the balance of power back in your favor.
Why Legal Representation Matters
Trying to handle negotiations alone puts you at a disadvantage. Insurance companies have teams of lawyers and adjusters on their side. When you work with qualified Syracuse personal injury lawyers, you gain:
- Knowledge of New York comparative negligence laws and how they affect your claim
- Experience with insurance company tactics, including spotting bad faith strategies
- Access to medical experts and accident reconstruction specialists who strengthen your case
- Familiarity with local court systems and jury verdicts that shape settlement values
- Negotiation leverage because insurers know experienced lawyers can take a case to trial
With a lawyer, you’re more likely to secure a settlement that reflects the actual cost of your injuries, even with a pre-existing condition.
Get Help Protecting Your Claim
A pre-existing condition should never be used against you after a car accident. If someone else’s negligence has worsened your health, you deserve compensation for its impact on your life.
Catalano Law isn’t afraid of a fight. Our Syracuse car accident lawyers confront insurers head-on, counter lowball offers with solid evidence, and take your case to trial if that’s what it takes to secure the compensation you deserve.
Don’t let insurers use your medical history against you. Call Catalano Law today for a free case review. Our injury lawyers know how to protect your rights and win.
