Pre-existing Conditions and How They Can Affect Your Personal Injury Claim

If you or someone you know is filing an insurance claim after being hurt in a Nevada accident, it is highly likely that the other party’s insurance carrier will ask if you suffer from any pre-existing conditions or injuries. A pre-existing condition or injury is one that existed prior to the accident in question. While it is true that an accident victim cannot be compensated for an injury that existed before the accident, they may be entitled to monetary compensation if the pre-existing condition was made worse as a result of the accident. In order to receive pay, however, the victim must prove that the accident did indeed worsen the pre-existing condition.

Understanding Pre-existing Conditions

It is important to know that a pre-existing condition or injury can be mental or physical. You must be completely honest with your lawyer about any pre-existing conditions you may have had prior to your accident. When you disclose this information, the attorney can effectively work with you and your healthcare providers to establish proof that the condition has worsened as a result of the incident. Just as important, failure to disclose a pre-existing condition could negatively affect your chances of obtaining monetary compensation for your injuries. 

While pre-existing conditions can increase a person’s risk of suffering an injury when involved in an accident, this does not mean the victim should receive less compensation or be completely barred from receiving any. Under Nevada law, a court must consider the plaintiff in the state that he or she was at the time of the accident. Moreover, a victim cannot be denied simply because his or her pre-existing condition increased the chances that the person would suffer an injury or that the injury is worse because of the preexisting condition. This is referred to as the “eggshell plaintiff” theory.

The Importance of the Records

Not surprisingly, medical records are critical pieces of evidence in a personal injury claim, especially those involving a pre-existing condition. The victim’s medical history will provide details of their health at the time of the accident and will also help prove that the pre-existing condition was aggravated because of the accident. A skilled personal injury attorney may use the following to prove that the accident made your pre-existing condition worse:

  • Diagnostic testing;
  • Diagnostic imaging;
  • Physician reports;
  • Medical expert testimony.

The medical record should be very detailed and discuss your condition extensively. Likewise, any medical documentation prior to the accident should describe in detail how severe your condition was and how it impacted your day-to-day life. Moreover, medical records that are dated after the accident should have details regarding how the accident impacted your pre-existing condition, the symptoms that arose after the accident, and how your condition was aggravated as a result.

Contact Our Personal Injury Attorneys

If you have been involved in a Nevada accident and suffered from a pre-existing condition that was worsened by the incident, contact a personal injury attorney right away. The skilled lawyers at H&P Law will help to ensure you are able to recover the most compensation possible for your specific claim. Our attorneys know how to prove how pre-existing conditions were aggravated by accidents and will seek out and gather the necessary evidence to establish that the at-fault party’s negligent behavior was responsible. Schedule your initial consultation today.

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