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Posted in Personal Injury on September 14, 2022
Many personal injury claims are handled as if the victim was in perfect physical condition at the time of the accident. In reality, it is common for accident victims to have existing injuries and medical conditions at the time of the accident. If your personal injury case in Nevada involves a pre-existing injury, this may impact how an insurance company handles your claim. Protect yourself by learning how to handle this type of case – and when to contact an attorney for assistance.
In personal injury law, a pre-existing injury can refer to any bodily injury or medical condition an accident victim had prior to an accident. It can refer to old injuries that have already healed, such as old broken bones, as well as injuries the victim still had at the time of the accident. Examples include bone fractures, muscle strains and sprains, knee injuries, ligament damage, back and spine injuries, neck pain, and organ damage.
Pre-existing conditions also encompass medical conditions that may either be exacerbated by the accident or increase the severity of injuries caused by the accident. Degenerative disk disease, for example, could weaken a victim’s spinal column and result in more serious back and spine injuries. Common examples include diabetes, high blood pressure, cancer, sleep apnea, lupus and pregnancy.
The short answer to this question is no. An insurance company cannot deny your claim based on a pre-existing injury alone. However, if you are seeking financial compensation solely for an injury that you had prior to the accident – an injury that was in no way affected by the accident – your claim will be denied. You or your personal injury lawyer must show a connection between the accident and the injuries involved in your claim.
If you had a condition or injury prior to the accident, your goal is to establish the degree to which the accident exacerbated these existing health problems. The insurance company will most likely try to blame 100 percent of your current injuries on a pre-existing problem found in your medical records – even if the two are completely unrelated. This is a common tactic used by insurance companies to save money on claim payouts.
A plaintiff’s legal theory referred to as the eggshell skull rule states that a defendant has to take a person as he or she is at the time of the accident. This includes with a pre-existing injury or medical condition that makes the victim more vulnerable to injury (such as a skull as thin as an eggshell). An insurance company cannot deny coverage based on a pre-existing injury alone. It is important, however, to correctly handle this type of claim. Otherwise, you could end up with less compensation than you deserve.
If your personal injury case involves an old or pre-existing injury in Nevada, you must disclose this injury to the insurance company during your claim. Do not attempt to conceal or hide this information, as this could give the insurance company a reason to deny coverage due to a misrepresentation of fact on your part. Notify the insurer about your pre-existing injury and provide any relevant medical documents and records.
Do not, however, sign a medical authorization release form sent to you by the insurance company. These forms often contain blanket authorizations, meaning the insurer would have full access to all of your medical records – not just those that are relevant to your claim. This could result in the insurer finding old injuries that have nothing to do with your claim and using them to deny coverage.
Contact a personal injury lawyer to assist you with the recovery process as an accident victim with pre-existing injuries. A lawyer can help you establish a causal relationship between the accident (and the defendant’s negligence) and the exacerbation of an old injury. An attorney will help you navigate this complex type of claim to protect your financial recovery as much as possible.