In Nevada, whether a plaintiff has pre-existing injuries, and whether they allege need for future surgeries, is relevant to the issue of medical damages in a personal injury matter. Although the plaintiff is not entitled to any award for pre-existing physical or mental conditions or injuries, they are entitled to monetary damages for pre-existing conditions made worse by the accident. A personal accident lawyer in Las Vegas can work with you if you have been in an accident where your pre-existing conditions worsened.
Pre-Existing Injuries in Las Vegas Personal Injury Cases
An injured party may have a pre-existing injury or condition that is exacerbated by the accident in question, causing those injuries to be more severe than they would have been without the pre-existing condition. For example, you may have neck surgery and then one week later are injured in a rear-end collision. The accident could completely undo your surgery and, in addition, made your neck condition worse than it was before you had surgery. The odds are you would suffer significantly more injuries than someone else who had a similar accident, but did not have a pre-existing neck condition that required surgery.
In Nevada, the jury instruction for personal injury, aggravation of pre-existing condition states, if a person has a condition or disability at the time of the injury, he or she is not entitled to recover damages for that condition. However, they are entitled to recover damages for any aggravation of the pre-existing condition that results from the injury. In other words, the damages you may receive as the injured party are limited to the additional injuries caused by the accident.
The As-Is Injured Party
If you have a pre-existing condition and are then involved in a personal injury accident, you are what’s known as an “egg-shell plaintiff.” It simply means, just because you are more “fragile” due to a pre-existing condition, you are not entitled to less compensation because of it. Or to put it another way, you can’t be monetarily “punished” because you had an injury prior to the accident.
If you’re the injured party, it’s important you explain your pre-existing condition to both your personal accident lawyers in Las Vegas and your medical team. Insurance companies, unfortunately, often try to claim a plaintiff’s injuries were pre-existing, not caused by the accident and, thus, not covered by insurance.
Contact GGRM, Personal Injury Lawyers in Las Vegas
If you had a pre-existing injury prior to being involved in an accident, don’t let it stop you from filing a personal injury claim. An experienced and skilled personal accident lawyer in Las Vegas can help you get the fair settlement you deserve.
To learn more, contact the lawyers at Greenman, Goldberg, Raby and Martinez who will show you the way to a fair conclusion of your case. Call GGRM at 702-388-4476 for a free consultation today.