Our argument was that regardless of his past medical history, this accident had aggravated any previous existing injuries that our client had before the current accident. 

Under the law, the insurance company does not have to pay for injuries that were “pre-existing” but they must pay for any “aggravation” of said injuries. This is often a difficult distinction to make and requires complex legal analysis. 

However, based upon the initial offer it was clear that the insurance company did not want to pay without a fight. Therefore, we drafted a lawsuit and engaged in 12 months of discovery, depositions and other legal procedures before we finally received an offer of $100,000 as the trial date approached. 

Had we taken the first offer we would have left over $88,500 on the table. Of course every case is different and it is important to speak with an attorney right away if you feel that you have been injured from the fault of another person or entity.