An accident can change your life forever. Quickly, medical expenses could pile up, and your income might come to a standstill when you miss work to focus on your recovery. When you have a pre-existing injury or disease, injuries from the accident could be worse. You will be dealing with new injuries and exacerbated pain. You might also wonder whether you can sue the defendant and if the defense will use your health condition against you. The information below sheds light on the relationship between pre-existing conditions and personal injury claims and offers an outlook on your rights.

Defining a Pre-Existing Health Condition

A pre-existing health condition is a disease or injury an individual suffers from before an accident or harsh workplace exposure. The exposure or accident can worsen or flare up the condition again. Pre-existing health conditions include mental illnesses and physical injuries.

There are many types of preexisting health conditions or injuries, including the following (not limited to):

  • Arthritis
  • Sleep apnea
  • Hernias
  • Diabetes
  • Heart murmurs
  • Migraines
  • Asthma
  • Quadriplegia or paraplegia
  • Mental health conditions
  • Orthopedic challenges
  • Gastrointestinal problems
  • Hypertension
  • Degenerative disc disease

Most people use the terms ‘’exacerbation’’ and ‘’aggravation’’ interchangeably to describe a situation in which a new injury affected a pre-existing health condition. While that might seem unimportant in everyday conversations, their variation is vital in your personal injury case.

An exacerbation occurs when the new injury temporarily worsens the pre-existing health condition. On the contrary, aggravation happens when the new injury permanently worsens the pre-existing health condition.

Eggshell Skull Rule

Typically, insurance firms are skeptical regarding pre-existing health conditions and can try to use your medical history against you. Some of these tricks include the following:

  • Claiming your current signs and symptoms are due to your pre-existing disease instead of the accident
  • Arguing that the accident did not substantially impact your health condition beyond its natural progression
  • Claiming that the pre-existing conditions make you more vulnerable to injuries and that the firm should not be held responsible

Also known as the eggshell plaintiff doctrine, the eggshell skull rule is a principle that holds that you can hold the defendant liable for their negligence even if you, the plaintiff, are prone to injuries. The rule is based on a hypothetical situation of an individual with a thin skull that is as fragile as an eggshell and more susceptible to more harm due to their condition. Theoretically, the defendant might attempt to escape accountability by asserting the damage is not entirely their fault because they did not know the victim could easily be hurt.

This principle protects plaintiffs from discrimination and being offered less compensation than they deserve in personal injury lawsuits due to their pre-existing injury or disease during the collision. It holds the defendant accountable for the effects of the negligence, even when the alleged victim’s pre-existing condition exacerbated these consequences.

Please note that this doctrine does not qualify you for compensation for your illness or injury before your accident. While it will safeguard your ability to receive compensation for the amount by which your accident exacerbated your pre-existing condition, it will not make you eligible for compensation for unrelated pre-existing injuries. You can use medical records to establish the distinction during your personal injury claim.

Eggshell skull doctrine only applies to economic damages, not non-economic damages like pain and suffering. For instance, if you were diagnosed with post-traumatic stress disorder from an unrelated occurrence, you cannot hold the defendant liable for further non-economic damages associated with your prior mental health disease. However, that does not imply you cannot recover compensation for non-economic damages caused by your accident.

Pre-existing Health Conditions in Workers’ Compensation Case

In a standard personal injury case, you must prove the defendant’s conduct exacerbated your pre-existing health condition. However, the legal procedure differs if you sustained injuries during your employment.

When a hurt worker with a pre-existing health condition brings a worker’s compensation case, the law assumes that the occupational injuries exacerbated the worker’s pre-existing injury or disease. If the insurer decides to fight your claim, the company should verify the work-related accident is not “a significant cause of the subsequent disease or injury. 

Pre-existing health conditions do not make you ineligible to pursue your worker’s compensation claim, making it more confusing and challenging. Therefore, it is crucial to have legal representation. A seasoned attorney will build the most robust case and increase your chance of your claim being approved. The lawyer will also take utmost care to do the following:

  • Be candid about your health.
  • Avoid inconsistencies associated with your pre-existing health condition or current injuries.
  • Offer details — The more detailed you are about your pre-existing health condition, the higher your chance of receiving favorable case outcomes. 

What Happens If the Alleged Victim Dies?

When an individual with a preexisting illness or injury dies in a collision, the deceased’s estate or family can file a wrongful death lawsuit against the defendant. Please note the defendant will argue your wrongful death case is baseless since the alleged victim would have passed away anyway.

The situation is not uncommon in medical malpractice claims. The court will use the loss of chance rule when determining accountability. According to this rule, a doctor should pay damages if their negligence reduces their patient’s likelihood of obtaining better results. The compensation you receive will be lowered equivalent to the degree to which the deceased pre-existing disease or injuries likely contributed to their demise.

Common damages awarded in wrongful death cases include the following:

  • Medical bills the deceased incurred before the death
  • Reasonable burial and funeral bills
  • Disfigurement, pain, and suffering of the deceased
  • Loss of financial support provided by the alleged victim
  • Loss of consortium, companionship, society, and comfort

Some of the factors used to calculate the loss incurred by the alleged victim dying include the deceased’s earning capacity, age, health, and life expectancy.

Documenting Your Injury

It is wise to document your injury in a personal injury lawsuit comprehensively. Documenting the injuries you sustained can assist you in establishing they exist and proving their severity for compensation purposes. It is even more essential to effectively document your injury if you are contemplating bringing a claim as a person with a pre-existing illness or injury.

Below are the steps to offer concrete and comprehensive proof supporting your claim medically and legally, which will help you understand the documentation process.

Seek Immediate Medical Attention

Visiting a doctor immediately after your accident is vital for your well-being and health and the success of your personal injury lawsuit.

Some injuries like internal bleeding, head injuries, spinal injuries, and whiplash are not apparent immediately and can worsen your pre-existing condition if left untreated. When you seek immediate medical assistance, your doctor will treat and diagnose any injury that could be life-threatening. It also promotes faster healing and lowers long-term impacts.

If you decide to file your personal injury lawsuit, you can use medical records to verify the degree of the injuries. By seeking medical help, you take and document time-stamped notes of your injury, including medications, follow-up doctor’s appointments, and symptoms. The medical records and notes demonstrate your injuries' severity to the judge or jury and how they impact your life.

Take Photos of the Injuries

Taking videos or photos of visible bruises, wounds, or scars offers proof of the degree of your injury and assists in determining your compensation. It can also prevent any doubt or dispute about the degree of the accident.

You can use a smartphone or digital camera, provided it is in good condition. Take several angles and close-up shots to show the injuries’ severity accurately.

Remember to preserve the images you have taken.

Keeping a Detailed Injury Diary

If you file an injury claim, you should present the relevant proof to support your suit. An injury diary plays a crucial role in determining the scope of your injuries, the effects on your daily life, and the costs you have incurred. Your injury diary could also prove that you have implemented the appropriate measures to help you recover from the injuries.

Your injury diary could help you develop a sequence of occurrences that resulted in your injury, and crucial details include time, date, and location. The diary will also help you keep track of your medical appointments, treatments, and missed workdays. A documented timeline can help your lawyer establish a robust case and determine the award amount you will receive.

Insurance firms and defense attorneys do everything to reduce your injuries and lower the value of your claim. Nevertheless, a detailed diary could help you build a solid case, ensuring fair compensation. Your detailed diary will demonstrate how the injuries you sustained have impacted your personal life, work, and overall health, providing the most comprehensive assessment of how the injuries have affected your life.

Common Damages Awarded and Determining Compensation with a Pre-Existing Health Condition 

In personal injury cases, the individual or company held legally liable for your accident or their insurer pays the plaintiff (injured party) damages. The award of the damages may be agreed upon following negotiated case settlements between the involved parties, their insurers, and their lawyers. The jury or judge may award damages when the personal injury suit goes to trial.

Here are the different forms of compensatory damages:

  • Lost income — You could be eligible to receive compensation due to the effects of your accident on your wages and salary. The damage involves the lost income you have incurred and any income you could have made in the future if the accident had not happened. In personal injury legalese, an award of damages is based on the calculations of your future income.
  • Medical treatment — In a personal injury claim, the damages awarded primarily include the medical costs of the accident. This involves reimbursement for your ongoing medical treatment and compensation for your approximate future medical care costs due to the accident.
  • Loss of property — Suppose the accident damaged clothing, cars, or other valuable assets. In that case, you will likely be eligible for reimbursement for compensation or repairs for the reasonable market value of your valuable items that were lost.
  • Emotional anguish — Emotional pain is mainly associated with more severe collisions. Emotional distress damages are supposed to compensate you for the psychological effects of your injury, including anxiety, fear, and loss of sleep.
  • Pain and suffering — You could qualify for pain and suffering compensation if you suffered due to the accident and its immediate aftermath. Compensation could also be for ongoing pain attributable to your accident.
  • Loss of companionship — Loss of consortium relates to how much the injuries from the accident affect your relationship with your partner. A perfect example is the incapacity to maintain a sexual relationship with your partner.
  • Loss of enjoyment — If your injury caused by the accident hinders you from enjoying your favorite hobbies and recreational activities like exercises and hobbies, you may qualify for loss of enjoyment damages.

There are many factors to consider when determining compensation in a case involving a pre-existing condition. Knowing these factors can assist you in setting realistic expectations, considering your future and immediate needs, and fighting for the full worth of your case. These factors include the following:

  • The degree to which your accident worsens your disease or injury
  • Further medical expenses you incurred due to the aggravation (the need for ongoing and future treatment or therapy)
  • Need for home modifications or adaptive equipment
  • Lost earning capacity and reduced career prospects
  • Long-term implications for your quality of life and health
  • The effect of your worsened condition on the ability to make a living
  • The available evidence — Typically, personal injury lawsuits revolve around the evidence you have to prove the defendant’s fault. Therefore, if you have insufficient proof, you are more likely to have a favorable case outcome.
  • How you handle insurance providers — As a plaintiff, you should not provide a recorded statement to insurance claim adjusters, and you should not sign your entire medical record. It could significantly affect your claim’s value.

Does the Statute of Limitations Impact Your Compensation Value?

SOL is the deadline for filing your personal injury case. In Nevada, the deadline is two years, and the clock begins ticking on the day of your injury.

If a medical practitioner injured you, SOL for bringing a medical malpractice claim depends on the injury date. For instance, if you were injured after October 1, 2023, you have three years from the date of your injury or two years from when you discovered the injury.

Typically, SOL does not significantly determine the case’s value unless the SOL deadline is near. In that case, the defendant or their insurer might offer you below your claim’s worth, forcing you to go through the expense and time of the claim’s filing if you want a fair compensation amount.

After you start your lawsuit (assuming you filed it within the relevant timeframe), SOL will not be a factor in valuing your damages.

How Your Conduct Can Affect Your Compensation Amount

Nevada follows a modified comparative negligence regulation. Under this doctrine, you qualify for damages if you were fifty percent or below culpable for your accident’s injuries.

If the judge or jury determines you were responsible for the injuries, you will receive some compensation. However, if it is determined you were more than fifty percent liable, you will receive nothing.

Apportioning Fault

If the judge finds that you should recover damages after an accident, they will make two (2) verdicts:

  • A case verdict showing that the total damages, without accounting for your fault
  • A unique decision showing the negligence percentage attributable to every party

If your fault is fifty percent or below, the judge/jury will lower the damages you should receive by the percentage of your negligence.

What Happens When at Least One Individual is Responsible?

The modified comparative negligence doctrine still applies if there are numerous defendants. However, the calculation of damages becomes more complicated. The person determined to be most at fault could have their recovery entirely offset by what they owe to the other defendants.

If certain defendants decide to settle with you but others opt not to, you could take them to trial. Nevertheless, the jury will not be notified of any out-of-court settlement.

The jury will only determine the comparative fault of the liable parties on trial. If the jury rules in your favor, the culpable defendants will only compensate you for their at-fault percentage.

Find Aggressive Legal Assistance Near Me

You should receive compensation for injuries caused by another person’s negligence. As you can imagine, pre-existing conditions can only complicate an already complicated issue. However, that does not mean you cannot hold the defendant liable for every loss and cost incurred due to the conduct or misconduct, including new injuries or exacerbating your pre-existing health condition. Since insurance providers will not make it seamless to recover the compensation you deserve, you need skilled legal representation.

Seasoned lawyers at Las Vegas Personal Injury Attorney Law Firm know strategies insurers use to deny or reduce claims and can fight for fair compensation. Please contact our office at 702-996-1224 to learn whether you have a valid case and how we can help you. We offer free initial consultations.