Having a prior medical history of things like chronic back pain or joint issues may complicate your accident claim. Insurance companies have a reputation for avoiding payouts and may try to blame your pre-existing conditions to limit the amount of money they have to pay. However, that doesn’t mean that you automatically lose your right to fair compensation.
In this article, our Vegas auto accident attorneys will answer the most common questions about pre-existing injuries and how they affect your accident claim.
What is a Pre-Existing Condition in the Context of a Car Accident?
A pre-existing condition is any injury or medical issue you had before the crash. This could be anything from chronic neck pain to an old knee injury or herniated discs. It doesn’t have to be something serious; it’s just something documented in your medical records before the collision.
Do you worry that having a pre-existing condition disqualifies you from making a claim? It shouldn’t. In fact, if the accident worsened your condition or caused a flare-up, you may be able to seek compensation for that added harm.
Will a Pre-Existing Injury Hurt Your Claim?
Insurance adjusters are notorious for using past medical issues as a reason to minimize what they owe you. They might argue, “You were already hurt,” even if the accident made things worse. This tactic is common in claims involving spinal injuries, joint damage, or soft tissue trauma.
But Nevada law protects you. If a crash aggravates a pre-existing injury, the at-fault party can still be held liable for the new pain, complications, or added treatment you now need. The key is clearly showing how your condition changed as a result of the accident. This is something your medical records and healthcare team can help prove.
What Are Some Common Pre-Existing Conditions That Could be Affected by a Car Wreck?
- Degenerative disc disease or spinal issues
- Prior surgeries or orthopedic injuries
- Joint problems like arthritis
- Soft tissue injuries from older accidents
- Anxiety
- PTSD
How Do You Prove That Your Injury Got Worse?
Your best ally is documentation. That includes both your past and current medical records. You’ll want to compare your health before the crash to what it looks like now. This comparison shows the impact the accident had on your body.
Work with a doctor who understands how to document accident-related aggravation. You’ll also want to follow your treatment plan, attend follow-ups, and keep a personal journal of your symptoms and limitations. All of this paints a fuller picture of how your condition changed; this can help your legal team build a stronger case.
Should You Disclose Your Pre-Existing Condition?
Yes, hiding it can do more harm than good. If the insurance company finds out (and they often do), it may look like you were dishonest, which can damage your credibility.
Being upfront with your attorney and your doctor allows your team to address the issue early and prepare the right strategy. Remember, your goal isn’t to pretend you were in perfect health; it’s to prove the accident made things worse.
Can a Lawyer Really Make a Difference in These Cases?
A local lawyer can make a big difference in cases like this. The attorney will know how to explain the concept of “aggravation of a pre-existing condition” to an insurance company or jury. They can connect you with medical experts, collect the right evidence, and challenge unfair claims that your accident injuries are pre-existing.
An attorney becomes especially important if your case involves a complex medical history, long-term treatment, or lost wages. They can make the case for your medical needs and show how they contribute to your financial losses. A lawyer can also handle communication with the insurance company, so you’re not pressured into accepting a low offer or making a statement that hurts your case.
Real-World Scenario
Imagine you’ve had manageable lower back pain for years, but after you were rear-ended at a red light in North Las Vegas, your pain grew far worse. You now have a long road of medication and physical therapy ahead, and no end in sight to the nagging pain.
The insurance company might say your back was already injured, so the accident couldn’t have caused your pain. But your records will show that before the crash, you didn’t need to miss work or take medication. That change in your quality of life matters. That is something your North Las Vegas car wreck attorney can highlight to support your claim.
Even if these health issues were diagnosed before the accident, you have the right to claim new harm caused by the crash.
Pre-Existing Conditions Aren’t a Deal Breaker
Pre-existing conditions don’t disqualify you from filing an auto accident claim; however, they do make the process more complex. The good news is, Nevada law gives you the right to recover damages for the aggravation of an existing injury.
If you’re unsure where you stand or how to move forward, don’t delay. The sooner you talk with a local attorney, the sooner you can protect your claim and focus on healing.