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How Does a Pre-Existing Injury Impact My Car Accident Claim?

How Does a Pre-Existing Injury Impact My Car Accident Claim?

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If an individual involved in a car accident pursues an insurance claim or seeks judicial resolution, they will likely encounter detailed inquiries regarding their prior injuries and health status. While compensation will not be granted for ailments predating the accident, there's potential for recompense if the accident exacerbated those pre-existing conditions or injuries.

Physical and mental injuries resulting from a car accident can significantly affect the success of a claim for damages, and it is imperative to engage the services of an experienced Nevada personal injury lawyer to ensure the best possible outcome.

Importance of Disclosing Pre-Existing Injuries

It is crucial to be forthcoming with your car accident attorney regarding any medical conditions or injuries you had prior to the accident. Failure to provide this information can result in a significant reduction in the settlement awarded. In fact, withholding such information can put the entire claim in jeopardy.

In particular, when a new injury from the accident aggravates an old injury, full disclosure is critical. Claims adjusters and attorneys may be suspicious of claimants who assert that they have no previous health issues or injuries, especially if the victim is older. To improve the likelihood of a fair settlement, car accident victims must work closely with their medical team to establish and prove how the accident made their pre-existing condition worse.

Insurers and their attorneys may attempt to use pre-existing injuries against the victim, making it essential to be honest with your attorney, who can prepare strong arguments and gather compelling evidence on your behalf.

Pre-Existing Injuries and Susceptibility to Further Injury

Pre-existing injuries or conditions can sometimes increase the probability that a victim will suffer more severe injuries in a car accident. Therefore, this does not negate your claim or reduce your right to compensation. According to Nevada state law, juries must consider the injured person as he or she is, and pre-existing conditions cannot be used against you in injury attribution proceedings. This means that providing a complete and accurate explanation of pre-existing medical conditions and injuries is critical to the success of a car accident case. It is more probable that an injured victim will obtain adequate compensation if both the victim and their car accident attorney clearly demonstrate that there is a difference between the pre-accident and post-accident conditions.

The Importance of Medical Records

In personal injury cases, pre-existing injuries can actually be helpful, as they provide specific details for lawyers, judges and juries to comprehend the extent of the victim's suffering as a result of the accident. In order to ensure a fair and complete agreement, victims and their attorneys have to work with medical professionals very closely to get honest, objective, and comprehensive information regarding their pre-accident and post-accident health status.

The victim's medical reports are a critical piece of evidence that can demonstrate incapacity, lifestyle alterations, career changes, the need for additional care, as well as other possible complications that have occurred because of an aggravated medical condition after a car accident injury. An attorney can discuss such records with experienced medical professionals who may testify on your behalf or with other medical witnesses that may be asked to testify in trial.

The Dangers of Concealing a Pre-Existing Injury

Some victims choose to hide their pre-existing conditions in hopes of increasing their settlement amount. However, this is never advisable because it can harm your credibility if the truth is eventually discovered. It may even be illegal to conceal this information, resulting in a failed claim, no compensation, and even court sanctions. AIt is always best to be truthful with your attorney and other parties involved in your case.

What Steps Can be Taken to Ensure a Favorable Outcome for an Injury Claim?

To increase your likelihood of obtaining a favorable outcome with a comprehensive and equitable settlement, it is essential to have an open and candid conversation with your personal injury lawyer. Your legal representative will depend on the information you provide to guide their investigation and build a stronger case by linking your new injury with prior medical conditions.

It is equally vital to seek medical attention before initiating a personal injury claim as thorough medical examination can furnish essential documentation about the disparity between your previous and current injuries.

Consult with a Skilled Car Accident Attorney in Nevada

If you are experiencing injury after a car collision, contact a proficient law firm. They will collaborate closely with you to comprehend how your accident intensified a pre-existing ailment, obtain evidence on your behalf, and advocate for you throughout the entire claims process. Allow them to help you procure compensation for missed earnings, medical expenses, agony, and other damages.

About The Author
Joseph L Benson II
Why did you become an attorney? The underlying education was the primary reason for the desire to first become an attorney. Obviously, to make a good living and enjoy what you do is the ultimate career. I have found that becoming an attorney was half the battle, becoming a great attorney involves mastering the art of legal persuasion, which is best acquired by experience, and years of training. Th ...read more


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