Being hurt in an accident can lead to doctor visits, time off work, and pain that affects your everyday life. But what if you already had a medical condition before the accident? Many people worry that a pre-existing condition will prevent them from getting compensation. The reality is more nuanced. In Nevada, your previous health issues do not automatically cancel out your right to file a personal injury claim.

If you live in Las Vegas and are considering legal action after an accident, it’s important to understand how pre-existing conditions are handled and what you can expect throughout the process.

What a pre-existing condition actually means

A pre-existing condition is any medical issue you had before the accident occurred. This could be an old back injury, arthritis, a prior concussion, or even chronic pain. These conditions don’t have to be severe or ongoing. If the insurance company finds medical documentation that shows you had similar symptoms before the current injury, they may argue your claim is less valid.

However, just because you were managing a condition before the incident doesn’t mean the accident didn’t make it worse. That’s where the law makes an important distinction.

The eggshell plaintiff rule in Nevada

Nevada follows what’s known as the “eggshell plaintiff” rule. This legal principle says that a defendant must take the victim as they are—even if they are more physically fragile or susceptible to injury than the average person.

In other words, if someone with a back problem gets rear-ended and that crash makes their condition worse, the person who caused the crash can still be held responsible for the new pain or complications. The fact that you were already dealing with a condition doesn’t erase the harm the accident caused.

The eggshell rule protects people with underlying health issues and ensures they have a fair chance to recover damages when someone else’s negligence worsens their situation.

The importance of clear medical records

One of the most important parts of a personal injury case involving pre-existing conditions is proper documentation. This includes:

• Medical records from before the accident that show the status of your condition

• Medical records after the accident that describe how your condition changed

• Notes from treating physicians explaining whether the injury aggravated or worsened the condition

The key is showing a clear difference between your health before and after the incident. If your neck pain went from occasional discomfort to daily, severe pain after a crash, that change matters—and it can be compensated.

Sometimes, your attorney may work with medical experts who can offer opinions on how the accident contributed to the worsening of your condition.

What insurance companies will try to do

It’s common for insurers to comb through your medical history looking for anything they can use to reduce your payout. They may say:

• You were already injured, so the accident didn’t change much

• Your current pain is unrelated to the incident

• You failed to disclose the full extent of your pre-existing condition

In these situations, honesty is critical. Hiding a previous injury or downplaying your medical history can damage your credibility and hurt your case. A good attorney will help you present the facts clearly and focus on how the accident made things worse.

How to strengthen your personal injury claim

If you have a pre-existing condition, taking the right steps after an accident can make a major difference. Here are a few things that can help support your claim:

• Get medical attention right away. Even if you think your injuries are just a flare-up of an old issue, seeing a doctor creates a record that documents the change in your condition.

• Be honest with your doctor. Explain your medical history in full, including past treatments or diagnoses. The more your healthcare providers know, the better they can show how your current symptoms are different.

• Follow your treatment plan. Whether you’re sent to physical therapy or prescribed medication, follow through. This demonstrates you’re taking the injury seriously and want to get better.

• Talk to a personal injury attorney. These cases can be complex, especially when a defense team tries to pin your pain on a previous issue. An attorney can manage the legal side while you focus on recovery.

Compensation you may still be able to claim

Even with a pre-existing condition, you can seek damages for:

• Worsening of your original condition

• New injuries that happened during the accident

• Medical expenses related to the new or aggravated injury

• Pain and suffering caused by increased symptoms

• Lost income if your worsened condition keeps you from working

The compensation will depend on how much the accident affected your health beyond your previous baseline. You won’t be paid for the condition itself—but you can be compensated for how much worse the incident made it.

Examples of how pre-existing conditions are treated in real cases

Let’s say someone has mild arthritis in their knees. They are able to walk, work, and live normally. Then they slip and fall in a grocery store, suffering a serious knee injury. The store’s insurance company might claim the injury isn’t their responsibility because the arthritis existed before. But if the fall led to a torn ligament or required surgery that wasn’t needed before, the store can still be held responsible for the new damage.

Another example: A person with an old back injury gets into a car crash and starts experiencing daily pain that didn’t exist before. That change is something a doctor can evaluate, and the responsible driver’s insurer may still have to pay for the new limitations or treatment.

Pre-existing conditions don’t cancel out your rights

Living with a medical condition doesn’t take away your right to fair compensation when someone else’s carelessness causes harm. In fact, it can make your need for support even greater. You shouldn’t be penalized just because your health was not perfect before the accident.

Las Vegas sees its share of car accidents, slip and falls, and other incidents. If you’ve been hurt and you already had a medical issue, don’t assume you’re out of options. What matters most is how the accident changed your life—and that’s something a skilled attorney can help demonstrate.

Conclusion

Dealing with both a pre-existing condition and a new injury can feel overwhelming. But the law in Nevada allows people to recover damages when their health worsens due to someone else’s actions. The process takes careful documentation and a strong case, but it can lead to meaningful results.

If you’re unsure where to start, talk to a personal injury attorney in Las Vegas. They can review your situation, explain your options, and guide you toward the best outcome. You don’t have to navigate it alone.