I Already Had an Injury Before My Car Accident. Can I Still Get Compensation?
Maybe you’ve dealt with back pain for years. Perhaps you had neck surgery long before your accident, or an old injury that had finally started feeling better.
Then another driver hits your car, and suddenly everything gets worse.
Your pain returns. You need additional medical treatment. Activities you could manage before the collision become difficult or impossible.
Now the insurance company is questioning whether your injuries were actually caused by the accident.
If you had a pre-existing injury before a car accident in Nevada, you may still be entitled to compensation when someone else’s negligence makes that injury worse.
An existing medical condition doesn’t automatically prevent you from pursuing a personal injury claim. What matters is whether the accident caused a new injury or aggravated a condition you already had.
Can I Sue After a Car Accident if I Already Had an Injury?
Yes. Nevada law recognizes that a person can suffer additional harm when an accident aggravates a pre-existing injury or medical condition.
For example, imagine that you previously injured your lower back but had recovered enough to work, drive and participate in normal daily activities.
After a car accident in Las Vegas, you begin experiencing severe back pain again. You require additional treatment and can no longer perform some of the activities you previously managed.
Even though your back problems existed before the collision, the accident may have caused additional harm.
The important distinction is between the condition you already had and the worsening of that condition caused by the accident.
You generally cannot recover compensation for an injury that existed independently of the accident. However, you may be able to recover damages for the additional injury or aggravation caused by another person’s negligence.
What Is the Eggshell Plaintiff Rule in Nevada?
There’s a legal principle sometimes called the eggshell plaintiff rule.
In simple terms, a negligent party may be responsible for the harm they cause even when the injured person was more vulnerable to injury because of an existing medical condition.
Not everyone enters a car accident in perfect health.
One person may have degenerative disc disease. Another may have undergone knee surgery. Someone else may have arthritis, chronic pain or a previous spinal injury.
Those conditions can make a person more susceptible to serious injuries.
Nevada’s civil jury instructions recognize that compensation may be available for the aggravation of a pre-existing condition caused by an accident, even when the person was more vulnerable to injury than someone without that condition.
The distinction matters: compensation concerns the harm legally caused by the accident, not unrelated medical problems that existed beforehand.
What If the Insurance Company Blames My Old Injury?
This is where a car accident claim involving a pre-existing condition can become complicated.
An insurance company may argue that your current symptoms are related to your previous medical history rather than the recent collision.
For example, an insurance adjuster might point to an old MRI showing degenerative changes in your spine.
The insurer may question whether your pain, medical treatment or physical limitations resulted from the accident or from a condition you already had.
But the existence of an old injury doesn’t necessarily answer that question.
Someone can have a pre-existing condition that was stable or manageable before a collision and experience significantly worse symptoms afterward.
The relevant issue is whether the accident caused additional injury or aggravated the existing condition.
Medical evidence can become especially important when an insurance company disputes that connection.
How Do You Prove a Car Accident Made an Existing Injury Worse?
One of the most useful ways to evaluate an aggravated injury is to compare your condition before and after the accident.
Medical records may help establish that difference.
For example, before the collision, you may have needed occasional treatment for back pain but continued working full-time.
Afterward, you may require physical therapy, injections, surgery or ongoing pain management.
Evidence that may help establish an aggravation includes:
- Medical records documenting the original injury
- Records showing your condition before the accident
- Emergency room and follow-up treatment records
- Diagnostic imaging, including MRIs or X-rays
- Physician opinions about whether the accident worsened the condition
- Documentation of new symptoms or physical limitations
- Employment records showing missed work or reduced duties
- Evidence of changes to your everyday activities
A physician may be able to explain whether the collision caused a new injury, aggravated an existing condition or produced symptoms unrelated to the accident.
The stronger the medical evidence connecting the accident to the additional harm, the better supported that part of the claim may be.
What If I Had Degenerative Disc Disease Before the Accident?
Degenerative disc disease and other age-related spinal changes can complicate car accident injury claims.
Some people have degenerative changes visible on medical imaging without experiencing significant pain or limitations.
Others may have occasional symptoms that become substantially worse following a collision.
An insurance company may point to those pre-existing findings when questioning whether an accident caused the current symptoms.
However, the presence of degeneration does not automatically establish that the accident caused no additional injury.
Medical providers may need to evaluate your prior symptoms, diagnostic imaging, treatment history and condition after the accident.
The key question remains whether the collision caused a new injury or made an existing condition worse.
Should I Tell the Insurance Company About My Previous Injuries?
You should be truthful about your medical history.
Attempting to hide a previous injury can create credibility problems and make an already complicated claim more difficult.
However, that doesn’t mean you should assume every medical condition you’ve ever experienced is relevant to your accident.
Insurance companies may request medical records when investigating a claim involving a pre-existing injury.
The scope and relevance of those requests can matter.
Before signing broad medical authorizations or providing detailed statements about disputed injuries, consider speaking with a personal injury attorney about your rights and the information relevant to your claim.
An attorney can help evaluate what medical evidence may be needed to establish the injuries caused or aggravated by the collision.
Can I Recover Compensation for an Aggravated Pre-Existing Injury?
If another driver’s negligence caused your existing condition to worsen, you may be able to pursue compensation for the additional harm resulting from the accident.
Depending on the circumstances, recoverable damages may include additional medical treatment, lost income, future medical expenses, pain and suffering and other legally recognized losses.
For example, suppose you previously had a shoulder injury but were able to work without restrictions.
After a car accident, the shoulder condition becomes substantially worse, requires surgery and prevents you from returning to your regular job for several months.
The additional medical expenses, lost income and other harm caused by the accident may become part of your injury claim.
However, the compensation must be tied to the accident-related injury or aggravation.
A personal injury claim does not automatically make the at-fault driver responsible for every medical expense associated with a condition that existed before the collision.
What If My Old Injury Was Completely Healed Before the Accident?
A previous injury that had healed before the collision can present a different situation from an ongoing medical condition.
Suppose you suffered a neck injury several years ago, completed treatment and returned to normal activities without continuing symptoms.
After a new car accident, you experience neck pain and require medical treatment.
Your earlier medical history may still be relevant, but it does not automatically mean your current symptoms are unrelated to the new collision.
Medical records documenting your recovery, the period without symptoms and your condition after the accident may help establish whether the collision caused a new injury or aggravated a prior condition.
Should I Accept a Settlement if the Insurance Company Says My Injuries Were Pre-Existing?
Be cautious about accepting a settlement before understanding how the insurance company evaluated your injuries.
An insurer may offer compensation for some medical expenses while disputing other treatment as unrelated to the accident.
If you accept a final settlement and release your claim, you generally cannot reopen it simply because additional medical expenses arise or you later disagree with the insurer’s evaluation.
Before settling, it’s important to understand which injuries and expenses are being considered, whether future treatment may be necessary and how the accident affected your ability to work and perform normal activities.
A pre-existing condition can make evaluating an injury claim more complicated, but it does not necessarily make the claim invalid.
What Should I Do if My Old Injury Gets Worse After a Nevada Car Accident?
If you’ve been injured in a collision and are experiencing worsening symptoms from a previous injury, there are several steps worth taking.
Seek appropriate medical attention. Explain your current symptoms and tell your medical provider about the previous injury.
Be specific about what changed. Describe how you felt before the accident compared with how you feel now.
Keep your medical records. Documentation of your condition before and after the collision may become important evidence.
Track changes to your daily activities. Note missed work, physical limitations, additional treatment and activities you can no longer perform.
Be careful with early settlement offers. Make sure the full extent of the accident-related aggravation has been considered.
Consider speaking with a personal injury attorney. An attorney can evaluate the circumstances of the accident, medical evidence and potential insurance disputes.
Your Medical History Doesn’t Automatically Eliminate Your Rights
You don’t have to be in perfect health to have a valid personal injury claim.
People with previous injuries, chronic conditions and physical limitations can still suffer new harm when someone else’s negligence causes an accident.
Nevada law recognizes that aggravating an existing condition can result in compensable damages.
The important question is what additional harm the accident caused.
If an insurance company is using your medical history to question or minimize your claim, understanding the distinction between a pre-existing condition and an accident-related aggravation can be especially important.
Questions About a Pre-Existing Injury After a Nevada Car Accident? Contact Kim Welch Law
If you’ve been injured in a car accident in Las Vegas or Henderson and the insurance company is questioning your injuries because of a previous medical condition, you may have questions about your options.
Kim Welch Law represents people injured in motor vehicle accidents in Las Vegas, Henderson and throughout Southern Nevada.
Before representing injured clients, Attorney Kim Welch worked on the other side representing insurance companies. For more than 30 years, she has used that knowledge to help injured people navigate insurance disputes and pursue compensation.
If a car accident has aggravated a previous injury or medical condition, contact Kim Welch Law for a free consultation.
Personal injury cases are handled on a contingency fee basis, so there are no upfront attorney fees.
Kim Welch Law offers free case evaluations with no obligation. We’ll give you an honest assessment of where your case stands and what we can do differently. Contact us here. You can also find us on Facebook for Nevada or Colorado. Feel free to check out our Colorado Springs office review here and our Henderson, Nevada office here.
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com