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Would a Pre-Existing Injury Hinder my Personal Injury Case?

It depends. Defendants in Nevada almost always try to use plaintiffs’ pre-existing condition as an excuse against large monetary damage awards.

Nonetheless, judges usually understand that a lot of people have pre-existing conditions and that they should not simply waive the damages. In fact, there is a possibility that your pre-existing condition may have worsened as a direct result from your condition.  There are a few common preexisting conditions; these are injuries and illnesses that a person has prior to the incident including:

  • degenerative disc disease

  • nearsightedness or farsightedness

  • arthritis

  • high blood pressure

  • heart murmurs

  • diabetes

  • asthma

  • migraines

  • depression

Pre-existing conditions are best proven with the use of medical records. Plaintiffs are advised to be forthcoming with prior medical records so that all relevant preexisting conditions are obtained. 

Should a plaintiff attempt to hide their medical history, the defendant usually uncovers it, the defendant can use that attempted cover-up to potentially discredit the claim. Judges can sanction plaintiffs with large fines if they were caught being dishonest about preexisting conditions. 

Always be forthcoming and disclose the full nature of your preexisting medical conditions, often times these conditions are exacerbated as a direct result of your accident. 

If you have been in an accident, call Sgro & Roger at 702.384.9800 today for a free consultation.