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Will a Pre-Existing Injury Affect my Car Accident Case?

When a car accident victim makes an insurance claim or takes their claim to court, they can expect to face extensive questions about their pre-existing injuries and health conditions. Although the victim will not be able to receive compensation for injuries that existed prior to their accident, they may qualify for compensation when their pre-existing injuries or health conditions were worsened by the collision.

Injuries from a car accident may be physical, mental, or both. How these pre-existing conditions are handled by the victim will seriously impact whether they are able to make a successful claim for damages. It’s imperative to work with an experienced Nevada personal injury lawyer to avoid costly mistakes and promote the best possible outcome of your case.

Car accident lawyer in Nevada

The Importance of Disclosing Pre-Existing Injuries

After an accident, it’s important to be honest with your Nevada car accident attorney about what medical conditions and injuries you had before the accident. Your attorney cannot properly handle your case if they are not aware of all of the facts of your situation, which can result in a seriously diminished settlement. In fact, the entire claim can be jeopardized if you are not upfront about your health history.

Especially when a new injury from the accident aggravates an old injury, honest disclosure is essential. Insurance adjusters and their attorney may look with suspicion on claimants who state that they have no previous health issues or injuries, especially if the victim is older. To increase the likelihood of a fair settlement, car accident victims need to work with their medical team to both determine and prove how the accident made their pre-existing condition worse.

Unfortunately, insurers and their attorneys may also attempt to use pre-existing injuries against the victim when they make a claim. That’s why being honest with your attorney is essential as they prepare arguments and gather evidence on your behalf.

What if my Injury Made me More Susceptible to Another Injury?

Sometimes, a pre-existing injury or condition can make a victim more likely to have a more serious injury if they are in a car accident. However, this does not nullify their claim or reduce their entitlement to compensation. Nevada’s state law requires juries to consider the injured person as they are. A plaintiff’s prior condition cannot be used against them in injury attribution proceedings.

For car accident victims, this means a careful and thorough explanation of their medical conditions and injuries is vital. Communication with medical and legal teams can make or break the car accident case. Victims are more likely to receive fair settlements if they and their Las Vegas auto accident lawyer can prove the difference between pre- and post-accident conditions.

Medical Records are Essential to the Case

Pre-existing injuries can actually offer advantages to a personal injury claim by providing more concrete information for attorneys, judges, and juries to understand how victims suffer as a result of the accident. Victims and their attorneys should work closely with medical professionals to obtain honest, objective, and thorough information about their health conditions before and after the car accident.

The victim’s medical records will provide clear documentation that your Las Vegas car accident lawyer can discuss with expert medical professionals who are called to testify on your behalf or with other medical witnesses who may be asked to testify at trial. Medical records can prove disability, lifestyle changes, career changes, a need for additional care, and other complications that have resulted from an aggravated medical condition after a car accident injury.

What are the Risks of Hiding a Pre-Existing Injury?

In hopes of boosting their settlement amount, some victims opt to hide their pre-existing condition. However, this is never a good idea because it can cause you to lose credibility if — or when — the truth is discovered. In fact, it may even be illegal to hide this information, which can result in a failed claim, no compensation, and even court sanctions. Always be honest with your attorney and others involved in your case.

Infographic that shows what are the risks of hiding a pre-existing injury

How can I Support my Injury Claim for the Best Outcome?

To have the best chance at a successful claim with a complete and fair settlement, discuss your situation honestly with your Las Vegas personal injury attorney. Your attorney will rely on the information you provide to direct their investigation and make a stronger case as they connect your new injury to previous medical conditions.

Car accident lawyer with a client in Nevada

Visiting a medical professional before pursuing a personal injury claim is also important, because careful medical evaluation can provide crucial documentation about the changes from your old and new injuries.

Get in Touch with an Experienced Car Accident Lawyer in Las Vegas

If you’re suffering from an injury after a car accident, contact the experienced attorneys at Benson & Bingham Accident Injury Lawyers, LLC. Our trusted team will work closely with you to understand how your accident aggravated a pre-existing condition, gather evidence on your behalf, and represent you throughout the entire claims process. Let us help you obtain compensation for lost wages, medical bills, pain and suffering, and other damages. Contact our office today to work with the most trusted personal injury lawyers in Nevada.


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11441 Allerton Park Dr #100
Las Vegas, NV 89135

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Las Vegas, NV 89101

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Las Vegas, NV 89123

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Reno, NV 89502

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Nevada Personal Injury Attorney

Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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