When you’ve been injured due to someone else’s negligence or carelessness, you may feel entitled to claim compensation for your medical costs, lost wages, and other damages. However, the legal process can be complex, especially if you have a prior injury or a pre-existing condition. In Nevada trials, the concept of pre-existing medical conditions can play a significant role in determining the outcome of personal injury cases.
What is Evidence of Prior Conditions?
Evidence of prior conditions in Nevada trials refers to any information about a plaintiff’s (a person bringing a lawsuit) medical history that existed before the incident that led to the current injury or damages. This evidence includes medical records, doctor’s notes, prior diagnoses, and testimony about treatment for past injuries, illnesses, or health conditions.
In personal injury trials in Nevada, the concept of a pre-existing medical condition is very important. The defense team often tries to use this evidence to reduce or avoid paying compensation. Here’s why this type of evidence matters and how it is used:
Liability Disputes
The defense might argue that the plaintiff’s injuries are a result of their pre-existing condition, not the specific event that led to the lawsuit. For instance, if someone had prior back problems and then gets injured in a car accident, the defense may argue the accident didn’t cause the current pain.
Aggravation vs. Causation
Even if the defense accepts some responsibility for the incident, they might argue that they should only be liable for aggravating the pre-existing condition. This reduces their potential payout for long-term care, medical costs, and lost wages.
Contributory Negligence Considerations
Nevada is a comparative negligence state. If a plaintiff is found partially at fault for an injury, compensation is reduced. Sometimes, the defense can try to argue that the pre-existing condition impacted the plaintiff’s actions, leading to partial responsibility for the incident.
How Is An Evidence Presented?
Evidence of prior conditions can be introduced in various ways:
Medical Records: The defense obtains the plaintiff’s medical records to search for a history of related injuries or conditions.
Cross-Examination: During the trial, the defense may question the plaintiff or their doctors extensively about their pre-existing conditions.
Expert Witnesses: Doctors or medical professionals may be called to testify about the impact of pre-existing conditions on the plaintiff’s current injury or prognosis.
Nevada law follows the “eggshell skull” rule, meaning that the defendant is liable for all of the damages they cause, even if the victim was unusually vulnerable before the incident. This helps protect your rights. However, the compensation may be reduced if the court determines your pre-existing condition aggravated the new injury to a degree.
Due to the complex ways prior conditions are handled in Nevada trials, it’s critical to have a skilled personal injury lawyer on your side if you’ve been injured. They can build a strong strategy to counter arguments leveraging your medical history and protect your right to compensation.
How to Protect Yourself
Here are a few things to keep in mind to protect your rights:
Seek Immediate Medical Attention
After any accident, see a doctor as soon as possible. Get a thorough evaluation to document the full extent of your new injuries. This creates a crucial medical record differentiating new damage from prior conditions.
Be Transparent About Your Medical History
Don’t try to downplay or hide any pre-existing conditions from your attorney or healthcare providers. Honesty is vital. Your Las Vegas personal injury lawyer can craft a strategy that addresses these conditions while preserving your claim. Transparency establishes trust and prevents surprises that could damage your case later.
Hire Experienced Las Vegas Premises Liability Attorney
A qualified attorney has the skill to navigate the challenges, present sound medical evidence, and argue effectively on your behalf if your pre-existing conditions are brought up in trial.
Las Vegas Premises Liability and Personal Injury Attorneys
At Boyack Law Group, our skilled Las Vegas personal injury attorneys have extensive experience with personal injury cases, including those involving complex, pre-existing medical conditions. We understand the law and know how to present a compelling case to achieve the best possible outcome for our clients.
Whether you were injured in a slip and fall accident, a car crash, or any other mishap possibly caused by negligence on another party’s behalf, don’t let pre-existing conditions jeopardize your right to financial compensation.
Contact us today for a consultation to discuss your unique circumstances and learn about your legal options. Let us fight for the compensation you deserve.
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now
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