How Does A Pre-existing Condition Affect My Personal Injury Lawsuit In Nevada?

Personal injury lawsuits can be a complex matter, especially when pre-existing conditions are involved. In Nevada, when you file a personal injury lawsuit and you have a pre-existing condition, it may affect the outcome of your case. Understanding how pre-existing conditions can impact your personal injury lawsuit is important before you file your claim.

Here’s what to know about pre-existing conditions in personal injury cases in Nevada.

What is a pre-existing condition?

A pre-existing condition refers to any medical condition, illness or injury that you had before the accident that caused your personal injury. For example, if you have a prior back injury and you get into a car accident that worsens your back injury, your back injury is considered a pre-existing condition.

How does a pre-existing condition impact my personal injury case?

Pre-existing conditions can impact the outcome of your personal injury case in several ways.

Plaintiff must prove that the injury was caused by the accident

To win a personal injury case, you must demonstrate that the defendant caused your injury. If you have a pre-existing condition, the defendant may argue that your injuries existed before the accident and were not caused by their negligence.

For example, if you had a knee injury before the accident and you claim that the accident made your knee worse, the defendant may argue that your knee problems were pre-existing and not caused by their negligence.

Plaintiff may receive less compensation

If you have a pre-existing condition, the damages you receive in your personal injury case might be reduced. The court may decide to deduct a portion of the damages to account for the injuries or conditions that existed before the accident.

For example, if you had a pre-existing neck injury, and you receive a settlement of $50,000 for neck injuries sustained in an accident, the court might deduct some amount for your pre-existing condition.

Settlement negotiations might be more challenging

If you have a pre-existing condition, the defendant may argue that your condition existed before the accident and that the treatment you are receiving for your injuries is related to your pre-existing condition and not the accident. They may offer lower settlements because they believe that your injuries are not entirely their fault.

Personal injury lawyers can help

If you have a pre-existing condition and you are considering filing a personal injury lawsuit, it’s important to have an experienced personal injury lawyer who can review your case and provide guidance.

A personal injury lawyer can help you gather evidence to support your claim, including medical records, and they can negotiate with the defendant to get you the compensation you deserve. They can also help you determine if your pre-existing condition will impact your case and how to present your case to maximize your chances of success.

Conclusion

If you have a pre-existing condition and you’ve been injured in an accident in Nevada, you may still be entitled to compensation. However, proving that the accident exacerbated your injuries can be challenging.

Having an experienced personal injury lawyer on your side can help you navigate the complexities of your case and increase your chances of getting the compensation you deserve. Contact a personal injury lawyer in Nevada to discuss your case and your options.

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