Your Prior Health Doesn’t Automatically Bar Recovery
Many accident victims worry that existing health issues or prior injuries might prevent them from filing a personal injury claim. For example, if you had chronic back pain before a car accident or slip-and-fall incident, you may assume insurance companies will deny your case entirely. While pre-existing conditions can influence your claim, they do not automatically prevent you from recovering compensation.
Led by Preston Rezaee, Esq., The Firm is a premier personal injury law practice in Las Vegas, dedicated to delivering justice for accident victims. With a reputation for relentless advocacy and client-focused representation, The Firm ensures injured individuals receive the compensation they deserve.
Understanding how pre-existing conditions interact with personal injury claims is critical to ensuring fair compensation for medical expenses, lost wages, and pain and suffering.
What Is Considered a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or chronic condition that existed before the accident in question. Common examples include:
- Back or neck injuries from prior accidents
- Joint issues like arthritis or prior fractures
- Concussions or head injuries from previous incidents
- Chronic illnesses that can be aggravated by trauma
Insurance companies often highlight these conditions to argue that your current injuries were not caused by the accident or that damages should be reduced.
Nevada Law on Pre-Existing Conditions
Nevada follows a legal principle known as the “eggshell plaintiff” rule, which states that a defendant (or insurer) takes the victim as they find them. This means that if an accident aggravates a pre-existing condition, the at-fault party is still responsible for all resulting damages, including:
- Medical treatment required due to the aggravation
- Lost income from the worsened condition
- Pain, suffering, and emotional distress
For example, if a rear-end collision worsens a chronic back problem, the at-fault driver is liable for all medical costs and losses caused by the aggravation, even if the condition existed beforehand.
Challenges in Claims Involving Pre-Existing Conditions
Insurance companies frequently use pre-existing conditions to minimize liability. Common tactics include:
- Claiming the accident didn’t cause the injury: They may argue the injury is entirely pre-existing.
- Reducing settlement offers: Insurers might subtract perceived pre-existing damage from total compensation.
- Requesting extensive medical records: They may request years of prior medical history to find reasons to deny full recovery.
Without proper legal guidance, these tactics can significantly reduce the compensation you receive.
How The Firm Protects Victims
Preston Rezaee, Esq., and The Firm have extensive experience handling claims involving pre-existing conditions. The Firm:
- Reviews prior medical records to understand baseline health
- Documents how the accident aggravated the condition
- Works with medical experts to establish causation
- Advocates for full compensation for all accident-related damages
- Challenges insurance company tactics that attempt to undervalue claims
This approach ensures that victims are not penalized for conditions that existed before the accident.
Proving Aggravation of Pre-Existing Conditions
Successfully claiming compensation often requires establishing a clear link between the accident and the worsening of a pre-existing condition. Key steps include:
- Medical Documentation: Immediate and ongoing treatment records showing the progression of injury.
- Expert Testimony: Medical professionals can explain how the accident aggravated your condition.
- Accident Evidence: Photos, witness statements, and reports demonstrating the severity of the incident.
- Lifestyle Impact: Documentation of how the aggravated injury affects work, daily activities, and quality of life.
These elements are crucial in ensuring a fair settlement or court award.
Examples of Pre-Existing Condition Claims
- Car Accident: A driver with a previous neck injury suffers a herniated disc after a rear-end collision. The at-fault driver is liable for treatment related to the herniation.
- Slip-and-Fall: An individual with chronic knee pain falls in a grocery store, exacerbating arthritis and requiring surgery. The store may be responsible for all related medical expenses.
- Workplace Injury: An employee with prior shoulder problems sustains a new tear after lifting heavy equipment, increasing the company’s liability.
These examples highlight that prior health issues do not absolve the responsible party from liability.
Steps for Victims With Pre-Existing Conditions
- Seek medical care immediately after the accident to document new injuries or aggravation.
- Keep thorough records of prior conditions and treatment.
- Avoid speaking directly with insurance adjusters without counsel, as statements may be used against you.
- Contact an experienced personal injury attorney to navigate complex claims involving pre-existing conditions.
Acting promptly ensures evidence is preserved and strengthens your claim.
Conclusion
Pre-existing conditions may complicate a personal injury claim, but they do not eliminate your right to compensation. Nevada law recognizes that an accident can worsen existing injuries, and the at-fault party remains responsible for all damages caused by the incident. With expert guidance from The Firm, victims can overcome insurance challenges and secure the compensation they deserve, even when prior health issues exist.
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not intended to constitute legal advice. The content is based on the author’s
understanding of the subject matter at the time of writing and is not tailored to the
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