How Pre-Existing Injuries Affect a Nevada Personal Injury Claim

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    May 8 2019

    Were you in a car accident? Were you injured in that accident?  Maybe you were rear-ended by another car and now you are suffering from neck and back pain.  If the accident was the other driver’s fault, he or she (or his or her insurance company) is responsible for paying for your medical care.

    But what if you had been similarly injured before? What if you were in another automobile accident just a few months before and you were already receiving medical treatment for neck and back pain? In this case, your potential personal injury claim is more complicated. The other party and their insurance adjuster will try to argue that your injuries were a pre-existing condition.

    In this case, we recommend seeking legal advice from an experienced personal injury attorney who will fight to get you the maximum compensation you deserve.

    How Pre-Existing Injuries Affect a Nevada Personal Injury Claim

    What Is A Pre-Existing Condition?

    A pre-existing condition is just what it sounds like: a condition that existed before the accident at issue occurred.  If your new injury affects the same area as an old injury, it’s important to disclose that condition to your personal injury attorney so that he or she will be able to get you the best possible settlement.

    If you fail to disclose a prior condition and the other side finds out, your failure to disclose that injury could jeopardize your chance of receiving compensation for your injuries.

    The “Eggshell Plaintiff”

    In some cases, a person’s pre-existing medical condition may make them more susceptible to injury.  Under Nevada law, this does not matter. Under the “eggshell plaintiff” legal theory, defendants must take plaintiffs/victims as they find them.  This means that they cannot attribute the injury to a plaintiff’s prior condition.

    The Importance of Medical Records

    When you consult with your attorney, be sure to fully disclose your medical history and bring copies of any and all of your medical records from both before and after the auto accident.  These records that document your previous injuries are important tools that will help your attorney to get you the compensation that you deserve. Don’t worry. Anything that you share with your attorney will be protected by the attorney-client relationship.

    Experienced Las Vegas Personal Injury Attorneys

    If you have been injured by another party in the Las Vegas area, you should speak with an experienced Las Vegas personal injury lawyer who can help you protect your rights.

    If you are looking for a law firm with experienced car accident attorneys, contact Anthem Injury Lawyers today.  Our phone number is (702) 857-6000.  We offer Free Consultations. Our law office is located in Henderson, but we work with clients all over the Las Vegas Valley.

    Published by Puneet K. Garg

    Attorney Puneet K. Garg is one of the founding partners of Anthem Injury Law. He has vast experience serving various clients with their different needs. Puneet’s representation of clients has included serving as counsel to Fortune 500 companies, large and small healthcare providers, celebrities, large and small businesses, personal injury victims and individuals needing help with their everyday needs. He has represented clients from all over the world in both state and federal court in Nevada.

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