Pre-Existing Condition & Accident Injuries
Las Vegas, Nevada
When the victim has previous injuries
If your motor vehicle accident resulted in a severe injury and required hospitalization, and if you couldn't work and lost wages after the accident, you are entitled to compensation for your medical bills and other damages.
When the victim has previous injuries and other medical issues, getting fair and full compensation could be challenging, mainly because the liable party (or rather their motor vehicle insurance) doesn't want to pay medical bills for treatments of previous injuries. Nevertheless, the accident victim has entitled to accident compensation to the degree that the accident worsened their previous condition.
To discuss your case, call us at 702-432-1000 and ask to speak with our attorney for personal injury.
Consultations are free.
We serve clients injured in motor vehicle accidents in Las Vegas and other cities in Nevada.
We also represent many tourists who got in an accident while vacationing in Nevada.
Pre-existing medical condition examples
A pre-existing medical condition could be:
• Previous injury (e.g., neck injury, back injury, foot injury, knee injury, ankle injury, whiplash injury) or
• Chronic pain caused by inflammation or dysfunctional nerves.
How the law works: Eggshell Skull rule
The Eggshell Skull legal doctrine states that the negligent party of a personal injury claim is financially liable for previous injuries aggravated in an accident. The most important part is - the previous injury aggravated in an accident. In other words, the insurance company won't pay for medical care and treatment of prior injuries, only for the part that worsened previous medical issues.
The victim must still prove that their pre-existing injuries worsened because of the new injury.
Does the Eggshell Skull rule apply to emotional injuries?
No. Currently, it applies only to physical injury claims.
Does the Eggshell Skull rule apply to criminal cases?
Yes. In Nevada, the eggshell doctrine applies to criminal and civil cases (car accidents, motorcycle accidents, truck accidents, etc.).
What happens if the plaintiff didn't disclose prior injuries?
In Nevada, the plaintiff does not have a duty to disclose previous injuries before filing a lawsuit (pre-litigation stage). Whether it's a good or bad idea is case-specific and should be discussed with your attorney.
Once the case is in litigation, the attorney who represents the insurance company will ask, through interrogatories and depositions, whether there were prior injuries. They will subpoena previous medical providers for records to see if they can find any.
Accident claims with pre-existing injuries: What to know
If you got in an accident in Las Vegas or Nevada and this accident aggravated your prior injuries, there are three things you need to know:
• Don't sign any medical authorization papers without speaking with a personal injury attorney. The insurance company may later use your signed medical authorization to discredit your liability claim.
• Hire a lawyer who has experience representing clients with pre-existing medical conditions.
• Inform your lawyer of all your previous medical issues. Your lawyer will come up with the best strategy for presenting your claim and proving that your new injuries worsened the old ones so that you could get compensated for your medical bills, lost wages, pain and suffering, and other damages.
How do we separate previous medical issues and post-accident medical injuries?
In most pre-existing condition cases, the plaintiff must get prior medical records to show the treatment they received before the accident. The MRIs or X-rays before and after the accident demonstrate an objective change. Another way to identify the post accidents injuries may include the frequency of medical visits before and after the accident. For example, the fact that the plaintiff had not seen a doctor in years and suddenly, after the accident, had to undergo extensive medical care indicates that his pain level increased. Or if the plaintiff was getting passive care before and responding well, but after the accident, suddenly, he needs surgery, it is evidence of the aggravated medical condition.
Lastly, if the victim can't perform the work they did before the accident, has to change their work assignments, or in some cases, has to find a new job - it indicates that the accident victim has an aggravated medical condition. For further information, call our office at 702-432-1000 and ask to speak with our attorney for personal injuries.
How long does it take to settle a claim in Nevada?
Be prepared that any accident liability claim that involves a pre-existing health condition is automatically more complicated, subject to higher scrutiny by insurance companies, and takes longer to settle.
The truth is, in some cases, minor accidents can lead to severe physical damage.
If you were partly at fault
In Las Vegas and Nevada, injured accident victims can seek compensation even if they were less than 51% responsible for the accident. It includes motor-vehicle accidents when the victim had previous injuries.
We can help
Pre-existing injuries often make people more susceptible to other injuries.
A pre-existing injury or health condition can impact your injury claim and the settlement amount, but it depends on the scenario. Each case is different. What is important to remember - having a previous medical injury doesn't prevent you from getting a fair and full settlement.
Our office handled many accident claims involving victims with pre-existing injuries. We know how to manage these cases.
To discuss your liability claim, call us at 702-432-1000.
We work on a contingency basis, which means there is no fee unless we settle your case or win at trial.
We represent clients in Las Vegas and other cities in Nevada.
We will come to you if you cannot visit our office because of your injury. When you call, ask to schedule a home or hospital visit with our lawyer for personal injury.
Last updated on February 3, 2024.
