Compensation Eligibility For Preexisting Conditions in Personal Injury Cases

August 31, 2020 | Ed Bernstein
Compensation Eligibility For Preexisting Conditions in Personal Injury Cases An accident may cause an existing injury to worsen. Does that mean you can make personal injury claims for pre-existing ailments? The answer is yes. Although you’re not entitled to damages for injuries that existed before your accident, you maye eligible for compensation for injuries that have worsened due to an accident.

What should you do if you’re involved in an accident?

The most important thing you should do if you’re involved in an accident is to contact an experienced lawyer in the Las Vegas area. Only an experienced personal injury lawyer will be able to prove that your condition has worsened as a result of someone else’s negligence.  Attorneys have skill and experience in dealing with opposing lawyers, insurance companies, medical experts, and the police. Without legal aid, you’ll find it hard to prove your case.

Disclosing pre-existing medical conditions

Honesty is the best policy regarding your health. Lots of victims attempt to conceal their past because they believe it will jeopardize their chances of securing a fair settlement. However, a defense lawyer or insurance adjuster will perform a forensic check of your background.  Once the insurer or attorney discovers that you have not been totally honest about your past history, they will use it to paint you out as a liar who can’t be trusted. As a result, the chances of obtaining a favorable result decreases dramatically. Having an experienced personal injury handle the discussions with the insurance company will help you to get the most compensation that you deserve.

Can a pre-existing condition help your case?

Disclosing your previous medical conditions does often aid your case. Here are some of the main reasons why:
  • It provides perspective: a judge or jury will clearly be able to see the extent of your injury. Therefore, any condition which is worse due to an accident is easier to prove.
  • It boosts your image: the best tactic for a defense lawyer is to discredit your claim, and they will attempt to do it by showing you in a bad light. Being open and honest is the foundation of a positive image throughout the whole process.
  • You can call on expert testimony: your case will need to be strong to win. Thankfully, a pre-existing condition or injury means that you will have thorough records. So, you can call on your reputable and reliable doctors to provide testimony to corroborate your story.
  • Your policy won’t be voided: insurers have stringent terms and conditions. Failure to disclose a pre-existing condition could possibly void coverage and ruin your chances of receiving a fair amount of compensation.

Why is a lawsuit necessary?

A lawsuit may be necessary in order to get you the compensation you deserve. Car accident lawyers understand that everyone has things that have happened in the past, but your pre-existing medical condition should not be used to deny you a settlement. Forcing the insurance company to go to court may help you recover more money.

The “Eggshell Doctrine”

Thankfully, a law called the “eggshell doctrine” is available to people who suffer from pre-existing conditions. Used by several states, the law prevents insurance companies from neglecting their duties. It ensures that the insurer or negligent party can’t deny liability by claiming they didn’t know of a serious condition, or that they didn’t mean to cause harm. As long as your legal and medical team can show evidence of a worsening of an already existing injury, you can hold the insurance carrier responsible for paying for your injuries.

Prosecuting your Personal Injury claim

Once you’ve been injured in an accident, you should focus on what you can do to prove your case. Of course, the first step is to hire the best lawyer in Las Vegas to evaluate and investigate your claim. Your attorney can help you find a doctor who can evaluate your injuries and determine which are pre-existing and which are directly related to your accident.  Your physician and lawyer will work to make sure you receive the treatment you need to recover and the compensation you deserve for your injuries.

We are here for you

At Edward M. Bernstein & Associates, we understand that filing a lawsuit for a pre-existing medical condition can be scary. In addition, insurance adjusters will attempt to limit the amount of money that they offer you for your claim. Using our extensive skill and experience, our Las Vegas lawyers will fight to get you a fair settlement. Get in touch with us today at 702-240-0000 to schedule a FREE consultation.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.