Being injured in a car accident in Las Vegas can be devastating. You may sustain severe injuries that result in significant financial losses. If so, you deserve to be compensated fairly by the driver who caused the accident.
However, insurance companies often use pre-existing conditions to undervalue and deny valid insurance claims. It is unfair and could rise to the level of bad faith insurance practices. If the insurance company alleges a pre-existing condition is the reason for a low settlement offer or denial of claim, you need help from an experienced accident attorney.
Our injury lawyers at De Castroverde Accident & Injury Lawyers have over 100 years of combined experience. We have fought to protect the rights of injured victims and their families since 1989. Our legal team has won millions for our clients in settlements and trial verdicts.
Contact De Castroverde Accident & Injury Lawyers to schedule a free consultation with our Las Vegas car accident lawyers at (702) 222-9999. We are available 24/7 to discuss your case. For more information, visit our office in Las Vegas today.
How De Castroverde Accident & Injury Lawyers Helps You With a Car Accident Case in Nevada
At De Castroverde Accident & Injury Lawyers, our attorneys are familiar with all insurance tactics companies use to avoid claims. We fight for the rights of our clients to receive fair and full compensation for their injuries and damages. Our lawyers are aggressive trial attorneys and skilled negotiators.
When you hire our top-rated Las Vegas personal injury lawyers, you can trust we will help you by:
- Completing a thorough investigation of your car accident claim to gather evidence proving fault and liability
- Working with the best expert witnesses in their fields to build a strong case
- Preparing and filing all paperwork for insurance claims
- Handling negotiations with the insurance company
- Assessing how much your claim is worth based on your damages
- Representing you in court when necessary if settlement is not possible
Numerous prestigious legal organizations have recognized and awarded our law firm and attorneys for our legal services. We have received recognition from the Best Lawyers in America as “Ones to Watch” and Super Lawyers’ Rising Stars. Martindale-Hubbell has awarded us its highest rating (the AV Preeminent Rating) and the Platinum Champion Award. We also have a perfect 10.0 rating with Avvo.
Call De Castroverde Accident & Injury Lawyers to schedule a free case evaluation with an experienced Las Vegas car accident attorney.
What Is a Pre-Existing Condition in a Car Accident Case?
A pre-existing condition is any health condition you have at the time of your car accident. Examples of pre-existing conditions include, but are not limited to:
- Soft tissue injuries
- Brain injury
- Diabetes
- Back injury
- Arthritis
- Heart disease
- Broken bones
- Asthma
- High blood pressure
- Pregnancy
- Whiplash
- Epilepsy
- Concussion
- Soft tissue injury
A pre-existing condition should not prevent you from receiving compensation for a car accident claim. However, insurance companies often use pre-existing conditions as reasons to challenge claims.
How Do Insurance Companies Use Pre-Existing Conditions to Undervalue and Deny Claims?
Pre-existing conditions can make personal injury claims more complicated to win. However, it is possible to receive compensation for pre-existing conditions after a car accident.
The insurance company might allege that your injury resulted from a pre-existing condition instead of the car accident. However, the common law doctrine called the Eggshell Skull Rule states that a victim has to be taken “as is” when a party causes them injury because of negligence, intentional torts, or other wrongdoing.
In other words, you cannot deny liability for a back injury claiming that the injury would not have occurred had it not been for the victim’s prior back surgery. Even though the victim may have been more susceptible to sustaining a back injury in a car accident, the at-fault driver is still liable for the victim’s damages. The victim has the right to seek full compensation for all injuries, including the exacerbation or aggravation of a pre-existing condition.
Proving Liability for Damages After a Car Accident When You Have a Pre-Existing Condition
If you have a pre-existing condition, seeking legal advice before discussing your claim with an insurance adjuster is in your best interest. You need to understand your rights and how the pre-existing condition could impact your car accident claim. It will be your responsibility to prove that the car accident directly impacted your pre-existing condition and made it worse.
An attorney understands how to prove liability for damages by using evidence such as:
- Medical records after the car accident prove the injury caused by the car crash had nothing to do with your pre-existing condition or the car accident caused your pre-existing condition to worsen.
- Testimony from medical specialists explaining how the car accident is connected to the exacerbation of your pre-existing condition and how your condition now differs from your condition prior to the crash.
- Prior medical history showing that your pre-existing condition was stable before the accident. These records help prove how the car accident caused the condition to worsen so that now you are unable to manage the condition as well.
The economic and non-economic damages you receive for a car accident involving pre-existing conditions depend on the facts of the case. However, working with an experienced accident lawyer can increase your chances of receiving the maximum amount available for your claim.
Learn More About Las Vegas Car Accident Claims During a Free Consultation
You do not have to handle an insurance company alone. Our legal team at De Castroverde Accident & Injury Lawyers handles all aspects of your case so you can focus on your recovery. Call us to schedule a free case review with one of our Las Vegas car accident lawyers.
