The Impact of Pre-existing Conditions on Personal Injury Claims in Nevada

When pursuing a personal injury claim, one crucial factor that could influence the outcome of your case is whether you have any pre-existing medical conditions. In Nevada, as in many other states, the presence of a pre-existing condition can affect how your injuries are perceived and how much compensation you might receive. Understanding how these conditions are considered in personal injury cases can help you navigate the claims process more effectively.

What Are Pre-existing Conditions?

Pre-existing conditions refer to any medical conditions or injuries you had before the accident that led to your personal injury claim. These could include chronic issues like back pain, arthritis, or even an old injury from a previous car accident. The key point is that these conditions existed before the incident in question, making it important to differentiate them from any new injuries caused by the accident.

The Eggshell Plaintiff Rule 

One of the most important legal doctrines that comes into play regarding pre-existing conditions is the eggshell plaintiff rule. Under this rule, a defendant cannot use a plaintiff’s pre-existing condition as an excuse to deny liability. Essentially, the defendant must take the victim as they find them, even if the plaintiff is more vulnerable to injury due to their pre-existing condition.

For example, if you have a pre-existing back condition and are involved in a car accident that worsens that condition, the defendant may still be held responsible for the additional harm caused by the accident. This rule is designed to prevent defendants from escaping liability simply because the victim was more susceptible to injury.

Proving the Aggravation of a Pre-existing Condition

While the eggshell plaintiff rule protects individuals with pre-existing conditions, it’s critical to prove that the accident aggravated your condition rather than caused entirely new injuries. Medical records will be essential in demonstrating how your condition was affected by the accident. Your healthcare provider may need to compare your condition before and after the incident to highlight any worsening of your symptoms or physical limitations.

For instance, if you suffered from chronic neck pain before the accident, but the car crash significantly intensified the pain or led to new complications, such as limited mobility, you can still pursue compensation for these new or worsened symptoms.

Nevada’s Comparative Fault Rule

Nevada operates under a modified comparative fault system. This rule means that your compensation may be reduced if it’s determined that your injuries were partly the result of your pre-existing condition. However, as long as you are less than 50% at fault, you are still entitled to recover damages. 

How Insurance Companies Handle Pre-existing Conditions

Insurance companies are often quick to focus on pre-existing conditions in personal injury cases. Their goal is to reduce their liability and pay as little as possible. They may attempt to argue that your injuries are solely related to your pre-existing condition and were not aggravated by the accident.

This is why it is crucial to have strong medical evidence showing how the accident impacted your condition. Keeping detailed records of your medical treatment, including tests, doctor’s notes, and statements from healthcare providers, will be key in countering these arguments from insurance adjusters.

Tips for Managing Pre-existing Conditions in Your Claim

Here are some key tips to protect your rights if you have a pre-existing condition and are filing a personal injury claim in Nevada:

1. Be Honest About Your Condition:
   Always disclose your pre-existing conditions to your attorney and medical providers. Trying to hide these conditions can harm your credibility and damage your case.
2. Collect Detailed Medical Evidence:
   Obtain all records that show the status of your pre-existing condition before the accident, including medical tests, doctor’s evaluations, and treatment plans.
3. Work With a Qualified Attorney:
   An experienced personal injury attorney in Nevada will understand how to handle the complexities of a case involving pre-existing conditions and can help you navigate the legal and insurance processes.
4. Get Testimony From Medical Experts:
   If your case goes to court, having medical experts who can testify about how the accident worsened your condition can strengthen your case and improve your chances of receiving fair compensation.

While pre-existing conditions can complicate personal injury claims in Nevada, they do not necessarily prevent you from recovering compensation. By understanding the legal doctrines like the eggshell plaintiff rule and gathering the necessary medical evidence, you can build a strong case that demonstrates how your accident aggravated your condition. Working with a skilled personal injury attorney will also be key in ensuring your rights are protected and that you receive the compensation you deserve for your injuries.

If you’ve been injured in an accident and have a pre-existing condition, don’t hesitate to seek legal advice. The right attorney can guide you through the process and help ensure that your condition doesn’t unfairly impact your personal injury claim.

How Miller Personal Injury Attorneys Can Help

At Miller Personal Injury Attorneys, we understand that dealing with the aftermath of a personal

injury can be overwhelming. Whether you’ve been in a car accident, suffered a slip and fall, our experienced legal team is here to support you every step of the way. We are dedicated to providing personalized, compassionate, and aggressive representation to ensure that you receive the compensation you deserve. Here’s how we can help:

Comprehensive Case Evaluation: We will carefully review the details of your case, gather evidence and consult with experts to build a strong claim on your behalf.

Negotiation with Insurance Companies: We take on the burden of negotiating with insurance companies, ensuring that they don’t undervalue or deny your claim. Our goal is to maximize your compensation for medical bills, lost wages, and pain and suffering.

Court Representation: If negotiations don’t lead to a fair settlement, we are fully prepared to take your case to court. Our attorneys have the experience and skills to represent you effectively in trial and fight for your rights.

No Upfront Fees: We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. This allows you to focus on your recovery without worrying about legal fees.

If you or a loved one has been injured due to someone else’s negligence, don’t wait. The sooner you act, the stronger your case will be. Contact Miller Personal Injury Attorneys today for a free consultation. Let us help you get the compensation you deserve while you focus on healing. Call us or text us at (702) 330-0013 to schedule your free consultation.