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Many injured people worry that a prior injury or health condition will doom their claim, and insurers eagerly encourage that fear. But Nevada law, through the eggshell plaintiff rule, protects people whose pre-existing conditions are aggravated by an accident. A prior condition does not give a negligent party a free pass.
The Eggshell Plaintiff Principle
The law holds that you take your victim as you find them. If a negligent person injures someone who was already vulnerable — say, a prior back condition made worse by a crash — the wrongdoer is responsible for the full extent of the harm they caused, even if a healthier person would have been hurt less.
Aggravation Is Compensable
Where an accident worsens or reactivates a pre-existing condition, the worsening is compensable. The key is distinguishing the new harm caused by the accident from the prior baseline, which requires clear medical evidence comparing the condition before and after.
How Insurers Use Your History
Insurers comb medical records for any prior issue to argue your injuries are old news, not accident-related. Countering this means showing, through records and physician opinions, how the accident changed your condition and added new harm.
Protecting a Claim With a Prior Condition
A pre-existing condition is not a reason to give up on a valid claim. With the right evidence, the aggravation caused by an accident is recoverable. A free review can help you understand how Nevada law applies to your situation.