Short answer
Yes. Under Nevada law you can seek damages for a back condition that existed before an accident if the accident materially aggravated or worsened that condition. The defendant who caused the accident generally “takes the plaintiff as found” and can be responsible for the extra pain, medical costs, lost wages, and reduced life quality caused by the aggravation. However, you must prove that the accident caused the worsening and quantify the additional harm.
Detailed answer — how Nevada law treats pre-existing conditions and aggravation
Basic legal principle: Nevada follows the general tort rule that a defendant is liable for the additional injury they cause even when the plaintiff had a pre-existing weakness or condition. In practice, that means if an accident substantially aggravated a pre-existing back problem, you can recover damages for the enlargement of your injury caused by the accident.
Key legal points you should understand:
- Causation: You must show by a preponderance of the evidence that the accident materially aggravated your back condition. Medical records, imaging, and medical expert testimony that link the new symptoms or degeneration to the accident are central to proving causation.
- Damages you can pursue: You can seek compensation for medical bills (past and projected future), physical pain and suffering, mental anguish, lost earnings and earning capacity, and other measurable losses that arose because the accident made your back condition worse.
- Comparative fault and damage reduction: Nevada reduces a plaintiff’s recoverable damages by the plaintiff’s percentage of fault. If a defendant proves you were partially at fault, the judge or jury will reduce your award by your percentage. See Nevada’s civil liability provisions (see NRS Chapter 41) for comparative fault principles: NRS Chapter 41.
- Proof of pre-existing condition vs. aggravation: Evidence that you had a prior back condition does not bar recovery. It will, however, require you to separate (a) the baseline condition that existed before the accident and (b) the additional harm caused by the accident. Medical experts often explain what symptoms or findings represent pre-accident baseline and which represent post-accident aggravation.
- Statute of limitations: Nevada limits the time to file most personal-injury lawsuits. You must file within the period set by Nevada’s statutes of limitations for personal injury claims. Consult NRS Chapter 11 for the controlling deadlines: NRS Chapter 11. Missing the deadline can bar your claim.
- Mitigation of damages: Nevada law expects plaintiffs to reasonably mitigate their damages. That means you should seek timely, appropriate medical care and follow medical advice. Failing to treat or to follow prescribed care can be used by the defense to argue your damages are smaller than claimed.
What evidence helps prove aggravation of a pre-existing back condition?
- Prior medical records and imaging (MRI, X-rays) showing the condition before the accident.
- Emergency and post-accident medical records documenting new or worsened symptoms.
- Comparative imaging or examinations showing progression after the accident.
- Expert medical opinion (orthopedist, neurosurgeon, pain specialist, physical medicine) that connects the accident mechanics to the worsening of your condition.
- Records of conservative care and surgeries, and documentation of how your functional abilities changed after the accident.
- Work and wage records to support claims for lost income or reduced earning capacity.
Practical steps to protect your claim
Immediately after an accident, take steps to preserve evidence and your right to recover:
- Get prompt medical attention and follow-up care. Document all treatments and follow medical directions.
- Secure copies of all pre-accident and post-accident medical records and imaging.
- Keep a pain and activity diary showing how symptoms changed after the accident.
- Preserve evidence: photos of the scene, vehicle damage (if applicable), and contact info for witnesses.
- Do not sign releases or provide recorded statements before consulting counsel, especially if the other side’s insurer requests them.
- Be mindful of social media. Defense teams use posts to challenge injury claims.
When a worker’s compensation claim exists
If the aggravation occurred at work and you applied for or accepted workers’ compensation benefits, your ability to sue the employer may be limited. However, third-party claims (against a negligent driver, for example) can still be possible. The interaction between workers’ compensation and third-party negligence claims can be complex—get advice promptly.
When to talk to an attorney
If your back condition worsened after an accident and you have medical bills, lost time from work, or ongoing disability, consult an attorney experienced in Nevada personal injury law. An attorney can evaluate causation evidence, calculate damages, explain how Nevada’s comparative-fault rules may affect recovery, and help preserve your claim before deadlines run.
Helpful hints
- Collect pre-accident medical records early; requests can take weeks.
- Ask treating doctors to explain in writing how the accident changed your condition.
- Request and review all imaging reports; consider independent medical review if opinions conflict.
- Track all out-of-pocket expenses and time missed from work for a clear damages record.
- Keep a contemporaneous symptom and treatment journal to show changes over time.
- Start the claim process early so you do not lose rights under Nevada’s statute of limitations (see NRS Chapter 11: https://www.leg.state.nv.us/NRS/NRS-011.html).
- Remember Nevada’s tort rules in NRS Chapter 41 for how fault and damages are handled: https://www.leg.state.nv.us/NRS/NRS-041.html.
Disclaimer
This article explains general Nevada law principles and common steps people take after an injury. It is for informational purposes only and is not legal advice. Every case is different. To understand how the law applies to your specific situation and deadlines that may affect your rights, consult a licensed Nevada attorney promptly.