How does a injury settlement work, if I get into another car accident before the first one settles?

UPDATED: Oct 1, 2022

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How does a injury settlement work, if I get into another car accident before the first one settles?

I was involved in two separate accidents, both times I was not at fault.
I was rear ended at stop light, and then a year later I was rear ended at stop sign, I
was completely stopped both times. I was also driving for Uber with a passenger in
the car both times. I have disc herniation and was recommend for a disc
replacement and have been approved for surgery. I was initially scheduled for neck
surgery after the first accident and then the second accident happened before I was
to start my pre-opt. Also I have been recommend and approved to get a lumbar
Radiofrequency neurotomy to get rid of my pain in lower back.

Since the second accident happened before the first one was settled, how does that
effect my case.

Asked on March 13, 2019 under Personal Injury, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In theory it should not affect the first case, since the driver (and/or his insurer) in the first case owed you compensation based on what happened at that time--later-occuring events do not affect liability or the compensaton owed, which is based on the injuries you suffered, car damage you suffered, and costs incurred.
But if you have not yet come to an agreement about the compensation to which you would be entitled, it is possible that the other side will try to claim that some of your injuries actually came from the later accident and you're trying to get them to pay for later-occurring injuries. They become more skeptical or suspicious of your damage claims, and so this may complicate settling. You may have to go to greater lengths to prove what injuries or costs, etc. where incurred when.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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