Will My Pre-Existing Injury Affect My Personal Injury Claim?

Posted on behalf of Henness & Haight on Nov 01, 2017 in Personal Injury News

insurance claim form and stethoscope

If you are filing an insurance claim after being injured in an accident, the other party’s insurer will likely ask whether you suffer from any pre-existing injuries.

Although you cannot be compensated for an injury that existed before an accident, you may be able to obtain compensation if a pre-existing injury was worsened by the accident. This means that in order to obtain compensation, you must be able to prove that the accident worsened your pre-existing injury.

The Las Vegas personal injury attorneys of Henness & Haight have worked with numerous personal injury victims who suffered pre-existing conditions. Below, we discuss the complicated process of obtaining compensation for a pre-existing condition through a personal injury claim. Contact us to schedule a free consultation to learn more.

Types of Pre-Existing Injuries

A pre-existing injury can be physical or mental. It can be something as common and serious as a heart condition, high-blood pressure, asthma, depression, or type-2 diabetes.

It is critical that you are honest with your attorney about any pre-existing injury you may have. By disclosing your pre-existing condition, you can effectively work with medical professionals to prove it was worsened by the accident.

However, failing to disclose a pre-existing injury could harm your chances of obtaining a fair settlement for your claim, or may have it denied altogether.

Eggshell Plaintiff Theory

Although a pre-existing condition can make a person more likely to suffer an injury in an accident, it does not mean a victim should receive less compensation.

Under the “eggshell plaintiff” theory, a personal injury victim must be considered as-is. This means compensation cannot be denied simply because a pre-existing condition made it more likely that the person would suffer an injury or that the injury is worse than if the pre-existing injury did not exist.

In Nevada, a court and jury must consider an injured victim in the state that he or she was when the incident occurred.

The Importance of Medical Records

Medical records are crucial pieces of evidence in personal injury claims involving pre-existing injuries. Your medical records provide details of your health at the time the accident occurred and also support how your pre-existing injury was aggravated by the accident.

In your case, your attorney may use the following to prove the accident aggravated your pre-existing injury:

  • Diagnostic tests
  • Imaging
  • Physician reports
  • Testimony from expert medical professionals

Your medical records should be as detailed as possible and comprehensively discuss your condition. Any documentation prior to the accident should describe how severe the injury was and how it impacted your life.

Additionally, medical records taken after the accident should provide details on how the accident impacted your pre-existing injury, the symptoms you experienced after the incident, and how the aggravated injury has impacted your life.

Contact Our Personal Injury Lawyers Now

If you suffer from a pre-existing injury that was worsened in an accident, do not hesitate to contact an attorney as soon as possible.

Working with the skilled Las Vegas personal injury attorneys of Henness & Haight may help to ensure you are able to recover compensation for your personal injury claim.

We know how to prove that your pre-existing injury was aggravated by an accident, and will gather the necessary evidence to show the at-fault party’s negligence was to blame.

Schedule a free, no obligation consultation with our lawyers to learn if you have legal options available. We work on a contingency fee basis, so you only have to pay if we are successful in helping you recover compensation.

Call 844.613.6275 or complete our Free Case Evaluation form now.