How a Pre-Existing Condition May Affect Your Las Vegas Personal Injury Case

If you or someone you know is filing an insurance claim after being hurt in a Las Vegas accident, the other party’s insurance company will probably ask whether you suffer from any pre-existing conditions or injuries. A pre-existing condition or injury is a medical issue that existed prior to the accident in question. While you cannot be compensated for any injuries or medical conditions prior to your accident, it is possible to be compensated if the pre-existing condition or injury was exacerbated – or made worse – by the accident. Accordingly, this means that a personal injury victim must be able to prove that the accident made the pre-existing condition or injury worse in order to obtain monetary compensation for harm suffered.

Common Pre-Existing Injuries and Conditions

There are several types of medical conditions and injuries that could be pre-existing. In fact, a pre-existing condition or injury can be physical or mental. Pre-existing conditions or injuries can be a heart condition, depression, type-2 diabetes, or chronic back pain. It is essential to your personal injury claim that you are completely honest with your attorney and fully disclose any pre-existing injuries or conditions you may have. By doing so up-front, you and your attorney can work with the medical professionals treating you as a result of the accident to clearly establish that your injury or condition was worsened by the accident. If you fail to disclose a pre-existing condition or injury the chances of you being able to obtain a fair settlement for your personal injury claim could be jeopardized – or worse, you could be altogether denied payment.

Why Medical Records Matter

It is no surprise that medical records are of utmost importance when it comes to personal injury claims that involve pre-existing conditions or injuries. Indeed, your medical records and history will provide details of any conditions or injuries you may have had prior to the accident, at the time the accident occurred, and after the accident. Likewise, medical records can establish how any pre-existing condition or injury became worse as a result of the accident in question. Examples of important medical records critical to a personal injury claim involving a pre-existing condition or injury are:

  • Diagnostic testing;

  • Physician reports;

  • Imaging;

  • Clinical notes; and/or

  • Expert testimony from medical professionals. 

Whether or not your personal injury claim involves a pre-existing condition or injury, your medical records should be as comprehensive and detailed as possible. They should identify your diagnosis and thoroughly discuss your symptoms. If you have a pre-existing condition or injury, records prior to the accident should detail how severe - or minimal - your condition was. Likewise, medical records dated after the accident should explain how the accident aggravated, exacerbated, or otherwise made your condition or injury worse.

Contact Our Las Vegas Personal Injury Lawyers

If you have a pre-existing condition or injury that has been made worse due to a recent accident, do not wait to contact an attorney. The experienced personal injury attorneys at Parry & Pfau have dealt with this issue on behalf of injured clients across the state of Nevada. Schedule your initial case evaluation with us today.

(image courtesy of Twinsfisch)