Can Prior Injury Affect Car Accident Lawsuit Outcome?
Upon filing an insurance claim or pursuing legal action following a car accident, the individual's
pre-existing injuries and health conditions will undergo careful examination. While compensation
isn't granted for
injuries predating the accident, there may be an opportunity to seek
compensation if the existing injuries or health conditions worsened due to the accident.
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.
Benson & Bingham Accident Injury Lawyers, LLC
626 S 10th St
Las Vegas, NV 89101
Office: (702) 382-9797
Email: info@bensonbingham.com
Website: https://www.bensonbingham.com/