The Impact of Pre-existing Conditions on Personal Injury Claims

September 9, 2023

What is The Impact of Pre-Existing Conditions on Personal Injury Claims?

Imagine this scenario: you're involved in a car accident that wasn't your fault. You sustain injuries and decide to pursue a personal injury claim to seek compensation for your medical expenses, lost wages, and pain and suffering. However, you have a pre-existing condition that you're concerned may affect your ability to recover damages.

What is a Pre-Existing Condition?

In the context of personal injury claims, a pre-existing condition refers to any injury, illness, or medical condition that existed prior to the accident or incident that caused the current injury. It could be a chronic condition, such as arthritis, or a previous injury, like a broken bone that has healed.

What Are Some Relevant Laws?

The impact of pre-existing conditions on personal injury claims can vary depending on the jurisdiction. In the state of Nevada, the legal principle of "eggshell skull" applies. This principle states that a negligent party is responsible for the full extent of the harm caused, even if the injured person had a pre-existing condition that made them more susceptible to injury. Nevada follows a comparative negligence system, which means that if you have a pre-existing condition, the court will consider the extent to which the accident aggravated your condition. If the accident worsened your pre-existing condition, you may still be entitled to compensation for the additional harm caused.

What in the Process for a Personal Injury Case?

When pursuing a personal injury claim involving a pre-existing condition, it is crucial to gather evidence to establish a clear link between the accident and the exacerbation of your condition. This evidence may include medical records, expert testimony, and witness statements. To succeed in your claim, you must demonstrate that the accident directly caused additional harm or worsened your pre-existing condition beyond what would have occurred naturally. This can be a complex task, requiring the expertise of an experienced personal injury lawyer who understands the intricacies of the law and can effectively present your case.

What is Some Background Case Law in Nevada?

Over the years, Nevada courts have addressed numerous cases involving pre-existing conditions in personal injury claims. One notable case is Smith v. State of Nevada (1992), where the court held that the defendant was liable for the plaintiff's injuries, even though the plaintiff had a pre-existing back condition that was aggravated by the accident. This case set a precedent for holding negligent parties responsible for the full extent of harm caused, regardless of pre-existing conditions. It is important to note that each case is unique, and the outcome will depend on the specific facts and circumstances involved. Consulting with a knowledgeable personal injury attorney who is familiar with Nevada case law can provide valuable insights into the potential outcome of your claim.

What is the Statute of Limitations for Personal Injury Claims in Nevada?

In Nevada, personal injury claims are subject to a statute of limitations, which sets a time limit for filing a lawsuit. Generally, the statute of limitations for personal injury claims in Nevada is two years from the date of the accident. However, there may be exceptions and variations depending on the circumstances of your case. Missing the deadline could result in the loss of your right to seek compensation, so it is crucial to consult with an attorney promptly. Other legal concerns that may arise in personal injury claims involving pre-existing conditions include insurance company tactics to downplay the impact of the accident on your condition or argue that your injuries were pre-existing. Having a skilled lawyer by your side can help counter these tactics and ensure that your rights are protected.

How Much Compensation Could I Obtain?

The potential settlement amount in personal injury claims involving pre-existing conditions varies widely and depends on several factors. These factors include the severity of your injuries, the extent to which the accident aggravated your pre-existing condition, the impact on your daily life, and the amount of available insurance coverage. An experienced personal injury attorney will assess the unique circumstances of your case, gather evidence, and work diligently to maximize your compensation. While it is impossible to predict an exact settlement amount, an attorney can provide an estimate based on their knowledge of similar cases and the specific details of your situation.

How Can an Experienced Lawyer Help?

Navigating the legal complexities of personal injury claims involving pre-existing conditions can be overwhelming, especially when dealing with insurance companies and their legal teams. An experienced lawyer can provide invaluable assistance in several ways: 1. Legal expertise: A knowledgeable attorney will guide you through the legal process, ensuring that your rights are protected and that you have the best chance of obtaining fair compensation. 2. Evidence gathering: An attorney will help gather the necessary evidence to establish the link between the accident and the exacerbation of your pre-existing condition, strengthening your case. 3. Negotiation skills: Insurance companies often try to minimize settlements, but an experienced lawyer will negotiate on your behalf to secure the maximum compensation you deserve. 4. Court representation: If a fair settlement cannot be reached through negotiation, an attorney will be prepared to take your case to court and advocate for your rights before a judge and jury. Pre-existing conditions can indeed impact personal injury claims, but they do not necessarily prevent you from seeking compensation. If you need assistance navigating this complex legal landscape and want to increase your chances of obtaining a fair settlement, call High Stakes Injury Law at (702) 444-3228 for a free case review/evaluation. Don't let a pre-existing condition discourage you from pursuing justice and fighting for your rights.