Sometimes, preexisting conditions can blur the lines between the injuries and damages caused by a defendant and the injuries you were living with when your accident occurred. As such, we must be careful about how we separate the two and how your preexisting conditions affect your case.
Certain preexisting conditions might make it harder to determine which damages the defendant is responsible for. In many cases, defendants seize this opportunity to avoid liability and blame your damages stem on preexisting conditions. In other cases, preexisting conditions make a plaintiff much more vulnerable to new injuries, and your new damages might be more severe and worth more compensation than the average person. To support your case, medical records about your new and preexisting conditions are crucial.
Get a free, private case evaluation by calling our Las Vegas personal injury attorneys at Mitchell Rogers Injury Law at (702) 702-2622.
How Preexisting Conditions Might Affect Personal Injury Cases
Preexisting conditions may include a wide variety of physical and psychological conditions that existed before you were injured in an accident. While you can sue for damages despite having preexisting conditions, they can make your claim somewhat more complicated.
Preexisting damages may blur the line between new and old injuries. Defendants can only be held liable for injuries they directly cause, and it may be necessary to separate the effects of preexisting injuries from new ones. This is often challenging and requires medical experts.
Can Preexisting Conditions Make a Plaintiff More Susceptible to Serious Injury?
Some plaintiffs have preexisting conditions that make them more vulnerable to injuries than the average person. Often, this means the plaintiff’s damages are greater than normal.
Eggshell Plaintiff Theory
Defendants may argue that they should not be held responsible for the full extent of your damages because your preexisting condition made you more vulnerable. They might say that any other person would have experienced less significant injuries.
Fortunately, this argument is likely to fail. The “Eggshell Plaintiff Theory” holds that defendants must take plaintiffs as they find them. If a plaintiff is particularly fragile because of a medical condition, the defendant will still be responsible for the full extent of their damages if they are held liable.
Re-Injuring a Preexisting Injury
In some cases, a preexisting injury becomes re-injured in an accident caused by a negligent defendant. This is where things tend to be complex. While the defendant may be held liable for the injuries and damages they cause, they cannot be held liable for injuries that already existed. In such cases, we may need to consult medical experts to examine your case and distinguish between existing and newly caused injuries.
How Preexisting Conditions Might Be Used Against You in a Nevada Personal Injury Case
Preexisting conditions might not only complicate your case, but the defendant might try to use them against you and reduce your damages.
Reduce Your Damages
Preexisting conditions often overlap with new injuries, and it may be hard to tell which damages were already there and which ones the defendant should be held liable for. A defendant may use this opportunity to minimize the damages they may be responsible for by claiming that most of your damages stem from preexisting conditions that they have nothing to do with. Our Henderson, NV personal injury attorneys can counter these claims with medical evidence and expert testimony.
Avoid Liability
Defendants might try to use your preexisting conditions to avoid liability altogether. Suppose you have a condition that causes recurring, painful migraines. Next, suppose you are in a car accident and suffer from whiplash as a result. The defendant might argue that your headaches, dizziness, and other concussion symptoms are actually symptoms of your migraine condition, and they should not be held liable at all.
Important Evidence for Injury Cases Involving Preexisting Conditions in Nevada
Medical Records
Your medical records will likely be critical to your case. Not only do we need records from when you were treated after the accident, but we also need records related to any preexisting conditions. These records may shed light on whether your preexisting and new conditions are intertwined.
Expert Witnesses
Medical records might not be quite enough to support your case. We may also need medical experts to review your records and develop a professional opinion on the matter. The doctors who treated you, in addition to other medical experts, may testify as to how your preexisting conditions are separate from new injuries and what new injuries the defendant may be responsible for.
FAQs About Preexisting Conditions and Injury Cases
What is a Preexisting Condition?
A preexisting condition is simply a medical condition that existed before your new injuries. Preexisting conditions may affect new injuries or overlap with them, making it more challenging to assess damages.
Can Preexisting Conditions Hurt My Injury Claims?
Preexisting conditions can hurt your injury claims, depending on the nature of the preexisting conditions and your new injuries. Defendants might claim that most of your damages stem from preexisting conditions or injuries, and they should not be held liable.
Should I Disclose My Preexisting Conditions When I File My Personal Injury Claim?
Generally, yes. While disclosing preexisting injuries can make your case more difficult, hiding them will be treated very suspiciously. Your lawyer will help you make the necessary disclosures.
Can Preexisting Conditions Make New Injuries Worse and Worth More Compensation?
In some cases, yes, preexisting conditions make plaintiffs more susceptible to injuries. As a result, the plaintiff’s injuries are more severe and worth greater compensation. Defendants may still be liable for your damages even if they are more significant than ordinary.
How Do I Separate Preexisting Conditions from New Injuries?
Separating preexisting conditions from new injuries often requires an extensive review of your medical history. We may also need a medical expert, like your treating physician, to testify about your preexisting conditions and how they interact with your new injuries.
What if My Preexisting Conditions Have Nothing to Do with My New Injuries?
If your preexisting conditions are unrelated to your new injuries, we may have an easier time separating them and defining your damages in your legal claims. However, we should still be prepared for the defendant to argue otherwise.
Contact Our Nevada Personal Injury Attorneys for Help if You Have Preexisting Conditions
Get a free, private case evaluation by calling our Enterprise, NV personal injury attorneys at Mitchell Rogers Injury Law at (702) 702-2622.