Oftentimes when someone is involved in an accident, the injured party may have had a prior medical condition. This condition, which would be referred to as “pre-existing” because it existed before the accident, may be similar or related to the new injuries. Not surprisingly, insurance companies try to avoid paying out personal injury claims by asserting that the new injury is actually pre-existing. If you or someone you know is facing a pre-existing denial issue relating to a personal injury claim, below are some tips to help you understand the process.
What to Do
The first thing you should do is not become discouraged if you are facing a pre-existing issue related to your personal injury claim. The majority of people who suffer injuries from an accident will have some prior medical issue, whether it is a chronic condition or a past injury; most of us do not have a completely clean bill of health.
- The law is on your side: It is important to understand that Nevada law follows the “eggshell skull” doctrine, which means that a tortfeasor takes a victim as they come. Simply put, the defense cannot use your frailties to excuse itself from paying for the full scope of harm suffered as a result of its actions.
- Get your doctor to help: Personal injury cases always require the assistance of a physician. If you have had regular medical care over the years and discussed your pre-existing condition with your doctor, he or she can unravel your medical issues. By seeing your doctor immediately after an accident happens, even if you have no immediate symptoms, it shows that you are doing all you can to recuperate.
- Document everything right away: Successful personal injury cases are built with evidence that is carefully documented. If you are experiencing any health issues as a result of the accident, be sure to keep a log of your symptoms. Also keep all medical bills, including those for prescriptions and rehabilitation due to your injuries.
- Expect complications in your case: While the defendant is not liable for your medical issues before the accident, it is responsible for any effects resulting from the accident, including any exacerbation of a pre-existing condition. What makes the case complicated is determining where one injury ends and another one starts. This may mean it will take longer to resolve your case due to the need of expert witnesses and your compensation may be reduced to account for your pre-existing conditions.
Contact Us to Help
Because personal injury cases involving pre-existing condition issues can be complex, it is best to hire an experienced attorney to handle your matter. The knowledgeable Las Vegas personal injury attorneys at Matt Pfau Law Group are familiar with these types of cases and know how to use the law to their client’s full advantage. Contact us today to learn how we can help you. We will fight to seek the most monetary compensation available under the facts and applicable law.
