Understanding Exacerbation of Pre-Existing Injuries in Nevada Car Accidents
When a car accident worsens a prior injury, Nevada law allows you to recover damages for the aggravation even if the defendant did not cause the original harm. This principle often follows the “eggshell plaintiff” rule. You must prove that the accident directly aggravated your condition above its pre-accident baseline.
Step 1: Document Your Pre-Accident Medical History
Gather all records showing your injury before the crash. This includes:
- Medical reports, imaging studies, and treatment notes
- Physical therapy logs and prescription histories
- Personal health journal entries or daily pain diaries
Step 2: Seek Immediate Post-Accident Medical Care
Visit an emergency department or your treating physician right after the collision. Timely documentation is vital. Ensure your medical provider records:
- New or increased pain levels
- Changes in range of motion, strength, or sensation
- Diagnostic imaging comparing fresh injuries to past scans
Step 3: Establish Causation and Aggravation
To prove your claim, obtain an expert opinion from an orthopedic specialist or neurologist. The report should:
- Compare pre- and post-accident conditions
- Attribute specific worsening to the crash
- Estimate any new treatment needs or long-term impairments
Step 4: Notify Insurers and Preserve Evidence
Promptly report the accident to your and the other driver’s insurers. Preserve all evidence:
- Photos of vehicle damage and road conditions
- Witness statements explaining how the collision occurred
- All medical bills, receipts, and repair estimates
Step 5: File Your Claim Before the Deadline
Nevada’s statute of limitations for personal injury actions is two years from the accident date. See NRS 11.190. If you miss this deadline, you forfeit your right to compensation.
Key Nevada Statutes and Doctrines
- Comparative negligence: Under NRS 41.141, Nevada applies a modified comparative fault rule. You can recover as long as you are less than 51% at fault.
- Uninsured/Underinsured Motorist Coverage: NRS 687B requires insurers to offer this protection, which may cover your aggravated injuries if the at-fault driver lacks sufficient liability insurance.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Keep a daily symptom log with dates and descriptions of pain or limitations.
- Request copies of all medical and treatment records promptly.
- Photograph injuries and record videos of any limited movement.
- Stay consistent with prescribed treatments to avoid insurer claims of non-compliance.
- Consider sending a certified letter when notifying insurers to track your communication.