7 Crucial Questions About Your Pre-Existing Condition Car Accident Claim, Answered.

A pre-existing condition car accident claim can be more complicated than a claim involving an entirely new injury, but having a prior medical condition does not automatically mean a later accident caused no additional injury.

The important question is often what changed.

A collision may cause a new injury, aggravate an existing condition or produce symptoms that overlap with an earlier medical problem. When those issues are disputed, medical history and evidence connecting the accident to the claimed injuries can become particularly important.

1. Can You Have a Pre-Existing Condition Car Accident Claim in Nevada?

Potentially, yes.

Nevada courts have long recognized the distinction between an existing medical condition and an injury that aggravates that condition.

In the automobile-accident case McKenna v. Ingersoll, the Supreme Court of Nevada addressed jury instructions involving a pre-existing cervical-spine condition. The court explained that the plaintiff did not necessarily have to establish that the collision originally caused the neck condition if the evidence instead showed that the defendant’s negligence aggravated an existing disability.

That does not mean every increase in symptoms after an accident is automatically attributable to the collision. The relationship between the crash, prior condition and claimed aggravation remains a factual and medical issue.

2. What Is an Aggravation of a Pre-Existing Condition?

An aggravation generally refers to an existing condition becoming worse because of a later event.

For example, someone may already have degenerative changes in the spine, an earlier shoulder injury or a history of back pain before a collision.

The existence of that history and the effect of the new accident are separate questions.

Nevada decisions outside the automobile context have similarly recognized that a pre-existing condition and a later aggravation are not necessarily the same injury. In State Industrial Insurance System v. Kelly, the Nevada Supreme Court considered a previously asymptomatic congenital condition that became symptomatic after a later injury and distinguished the aggravation from the natural progression of the earlier condition.

The exact analysis in a personal injury case depends on its own facts and medical evidence.

3. Can an Insurance Company Consider Your Previous Injuries?

Previous medical history may become relevant when an insurer is evaluating whether an accident caused or worsened the injuries being claimed.

That can make causation a significant point of disagreement, particularly if an insurer attributes current symptoms to an earlier injury or condition.

When significant injuries and pre-existing conditions overlap, having an experienced personal injury attorney on your side can be especially valuable. Hale Injury Law can review the circumstances of your accident and help you understand your options..

4. What If You Had the Same Symptoms Before the Accident?

Having similar symptoms before a collision can make the medical analysis more detailed.

The issue may involve whether the accident:

• caused a separate injury;
• increased the severity or frequency of existing symptoms;
• created additional limitations; or
• did not materially change the earlier condition.

Those are fact-specific questions.

A pre-existing condition car accident claim therefore should not be evaluated simply by asking whether the injured person had ever experienced pain in the same part of the body before.

The condition before and after the collision may need to be compared.

5. Why Do Medical Records Matter When a Prior Condition Is Involved?

Medical records can help establish a timeline.

Earlier records may show the nature of a condition before the accident, while later records may document symptoms, diagnoses and treatment after it.

That comparison can become particularly important when the parties disagree about whether a collision caused a new injury or aggravated an existing one.

Hale’s guide to what to do after a car accident in Las Vegas discusses the broader role that accident and medical documentation can play after a collision.

When the medical history is extensive or causation is disputed, an attorney can also help evaluate how the records fit together rather than treating a diagnosis or isolated medical note as the entire story.

6. Does a Pre-Existing Condition Mean the Other Driver Caused All of Your Medical Problems?

No.

A pre-existing condition does not turn every medical problem into an accident-related injury.

The question is what harm, if any, was caused or aggravated by the collision.

That distinction keeps the analysis focused on the effects attributable to the accident rather than the mere existence of an earlier diagnosis.

It is also why claims involving prior surgeries, chronic conditions, previous accidents or treatment to the same part of the body can require closer review.

7. What If the Insurance Company Blames Everything on the Pre-Existing Condition?

A disagreement over medical causation can become a significant issue in an injury claim.

The insurer’s position may be that the symptoms are attributable to an earlier condition rather than the collision. The injured person’s medical evidence may present a different picture.

When the difference could materially affect a claim involving substantial treatment or lasting injuries, a qualified personal injury attorney can evaluate the medical history, accident evidence and insurer’s position together.

Hale Injury Law represents injured people in Las Vegas, Henderson and communities throughout Southern Nevada. If an insurer is disputing whether a crash caused or aggravated your injuries, you can contact Hale Injury Law to discuss the circumstances of your case.

Every injury and medical history is different. This information is for general educational purposes and is not legal advice. Past results do not guarantee a similar outcome.

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