If you have been hurt in an accident and already had a prior injury, you are not alone in wondering: Can I still sue if I had a previous injury?
This concern prevents many people from seeking legal help. Old back injuries, prior surgeries, arthritis, or chronic pain can make it feel like you will not be taken seriously or that an insurance company could try and blame everything on your past. That fear is understandable. It is also unnecessary in many cases.
The short answer is reassuring. Yes, you can still file a personal injury claim even if you had a pre-existing condition. Nevada law does not automatically disqualify you simply because you were not perfectly healthy before an accident. What matters is how the accident affected you now. Were your pre-existing complaints worsened? The law permits a recovery for a worsening of an underlying condition.
In this article, we explain how pre-existing injuries are treated in Nevada personal injury cases, how insurance companies try to use medical history against claimants, and what you can do to protect your claim. Our goal is to help provided some clarity to assist after an accident. By the end, you should have a clearer understanding of your options and rights.
Having a pre-existing injury or medical condition does not automatically prevent you from filing a personal injury claim in Nevada. People with prior injuries may still be entitled to compensation if an accident causes new harm or worsens an existing condition.
Insurance companies may attempt to argue otherwise. They often point to old medical records and claim that your pain is “degenerative,” “pre-existing,” or unrelated to the accident. That does not mean your case is invalid. It means the case requires careful documentation and a clear explanation of what changed after the accident.
These tactics are common and often subtle. If you suspect an insurer is minimizing your injuries or shifting blame, the warning signs outlined in 7 signs your insurance company is lowballing your personal injury claim may feel uncomfortably familiar.
How Nevada Law Handles Pre-Existing Injuries
Understanding how the law looks at prior injuries can ease a lot of anxiety. Two key concepts apply in these cases.
The Eggshell Plaintiff Rule
Nevada follows the “eggshell plaintiff” rule. In plain English, this means a defendant must take the injured person as they find them.
If someone is more vulnerable because of a pre-existing condition, the at-fault party is still responsible for the harm they cause. A person does not lose legal protection simply because they were already injured, older, or medically fragile.
For example, imagine a minor car accident that would cause only temporary soreness for a healthy person. If that same collision aggravates an old back injury and causes serious pain or loss of mobility, the person who caused the crash is still legally responsible for the damage they caused. They do not get a pass because the injury happened to a more vulnerable person.
This principle frequently comes into play in motor vehicle cases, where even low-speed collisions can cause serious flare-ups for people with prior spinal injuries. If you are navigating the aftermath of a crash, our guide on how to recover when you’re a car accident victim explains the early steps that help protect your health and legal rights.
New Injury vs. Aggravation of an Old One
In personal injury cases involving prior injuries, courts often focus on whether the accident caused:
- A completely new injury, or
- A measurable worsening of an existing condition
A new injury may involve damage to a different part of the body or a condition that did not exist before the accident. An aggravation means the accident made an old problem worse, more painful, or more limiting than it was before.
Damages are typically limited to the harm caused by the accident. You are not compensated for the original injury itself. You may, however, recover compensation for increased pain, additional medical treatment, lost function, or reduced quality of life caused by the accident.
This distinction is why medical evidence is so important in cases involving pre-existing injuries.
How Insurance Companies Can Try to Use Your Medical History Against You
How Insurance Companies Can Try to Use Your Medical History Against YouInsurance companies are businesses. Their goal is to minimize payouts. When a claim involves a pre-existing injury, adjusters potentially see an opportunity to argue that the accident did not really cause your pain.
Some common tactics include:
- Blaming degenerative changes
Insurers may point to arthritis, disc degeneration, or age-related findings on imaging scans and argue your pain was inevitable regardless of the accident. - Claiming symptoms existed before the accident
Even if your condition was stable or manageable before the accident, they may argue that post-accident symptoms are not new. - Downplaying aggravation
Adjusters sometimes suggest that flare-ups are temporary or insignificant, even when they lead to surgery or long-term treatment. - Using selective medical records
Insurance companies may focus on older records while overlooking documentation showing improvement prior to the accident.
This is where early legal guidance can make a real difference. Medical records must be interpreted in context. Expert opinions, treatment timelines, and symptom changes all matter. Without that context, insurers can often control the narrative.
Common Examples of Claims with Pre-Existing Injuries
Cases involving prior injuries are more common than most people realize. Below are examples that illustrate how these claims often arise. The scenarios are generalized, but they reflect situations attorneys see regularly.
Prior Back or Neck Injuries
A person may have a history of a back injury from a previous car accident or years of physical work. They might have been functioning well, working full-time, and managing pain with minimal treatment. A new rear-end collision aggravates the injury, leading to increased pain, physical therapy, or even surgery.
Although the back was previously injured, the new accident may be responsible for the worsening condition and related losses.
Past Surgeries Aggravated by a New Fall
A person who has previously had knee or shoulder surgery slips and falls due to unsafe conditions. The fall damages scar tissue or hardware from the earlier surgery, causing instability or requiring revision surgery.
The property owner may still be liable for the additional harm caused by the fall.
Arthritis Made Worse After a Slip and Fall
Arthritis is common, especially among older adults. A fall in a grocery store or parking lot can turn manageable arthritis into severe, debilitating pain. If the accident accelerates the condition or increases symptoms beyond their prior level, compensation may be available.
The key question is not whether arthritis existed before, but how the accident changed the person’s condition and daily life.
What To Do If You Have Been Injured Again
If you have a pre-existing injury and are hurt in a new accident, what you do next matters. Small missteps can give insurance companies ammunition. A calm, careful approach protects your claim.
Document Everything
Seek medical care promptly and be specific about new or worsening symptoms. Tell providers what feels different since the accident. Follow recommended treatment plans and keep records of appointments, diagnoses, and limitations.
Do Not Hide Your Medical History
Trying to conceal a prior injury often backfires. Insurance companies will usually uncover it anyway. Honesty builds credibility. A prior injury does not automatically destroy a claim, but inconsistency can.
Do Not Assume You Have No Case
Many people talk themselves out of valid claims because they believe a prior injury disqualifies them. That assumption can often be wrong. Each case depends on facts, medical evidence, and how the accident affected you.
Talk to a Lawyer Before Speaking with the Insurer
Insurance adjusters may sound friendly, but their questions are usually strategic. A lawyer can help you avoid statements that are taken out of context or used to minimize your injuries.
Talk to a Reno Personal Injury Lawyer About Your Options
If you are dealing with a new injury on top of an old one, you may still have a strong personal injury claim. These cases are more nuanced, but they are far from hopeless.
A lawyer experienced with complex injury cases can help gather medical evidence, work with experts, and present a clear picture of how the accident changed your life. That clarity is often what makes the difference between a denied claim and fair compensation.
At Brent Harsh Law, we regularly work with clients who have pre-existing injuries or chronic conditions. We understand how insurers handle these cases and how Nevada law protects injured people, even when their medical histories are complex.
If you were injured in an accident in Reno, you deserve accurate information about your rights. A free consultation can help you determine whether the accident caused new harm or aggravated an existing condition, and what steps make sense going forward.
Frequently Asked Questions About Pre-Existing Injuries and Personal Injury Claims
Frequently Asked Questions About Pre-Existing Injuries and Personal Injury ClaimsCan I sue for an accident if I had a herniated disc before?
Yes. If the accident caused new symptoms, increased pain, or additional treatment related to the herniated disc, you may be able to pursue compensation for the aggravation.
How do I prove a new injury made my old one worse?
Medical records comparing your condition before and after the accident are key. Imaging studies, treatment notes, and expert opinions can help show a clear change linked to the accident.
What if I forgot to disclose my old injury to the insurance company?
Failing to disclose a prior injury can complicate a claim, especially if records later surface. It is best to be honest and let your attorney accurately assess the pre-accident and post-accident symptoms with appropriate medical professionals to determine what is accident related and what is not.
Pursu Agency
