What If Your Accident In Louisiana Aggravated A Pre-Existing Condition?

Accidents don’t always cause entirely new injuries. Sometimes, they worsen conditions a person already has. Fortunately, Louisiana law recognizes this reality and provides protection for victims in these situations. If your health took a turn for the worse after a crash, even if you had a pre-existing issue, you may still be entitled to full compensation, including pain and suffering damages in Louisiana.

In this article, we explain how Louisiana law treats pre-existing conditions and what you need to prove your case in court.

How Does Louisiana Law Treat Pre-Existing Condition Aggravation After An Accident?

In Louisiana, a pre-existing condition does not prevent you from recovering damages. The legal doctrine here is take the victim as you find them. That means if someone already had a medical issue, the person or party responsible for the accident is still liable if the condition was worsened by the incident.

As a result, liability is not reduced simply because the victim was more vulnerable to injury. If the accident aggravated or accelerated a pre-existing condition, the at-fault party may still be held fully accountable.

What Medical Evidence Do I Need To Prove My Accident Worsened A Pre-Existing Injury In Louisiana?

The most important evidence is before-and-after medical documentation. Ideally, this includes:

• Records from before the accident, such as imaging scans or treatment notes
• Records from after the accident
• Updated tests, such as MRIs, so a radiologist or physician can directly compare changes

For instance, if you had a cervical spine MRI before the accident, getting another MRI afterward allows a medical expert to verify any deterioration or new damage clearly linked to the incident.

Can Old And New Injuries Be Separated With Medical Records In A Louisiana Injury Case?

With the help of medical professionals, especially specialists like radiologists or orthopedic surgeons, it is often possible to distinguish the original extent of a prior injury or condition and the ways in which it has worsened or changed after the accident. These distinctions are important, as they help support your claim and make your case more credible in court.

Van Robichaux of Robichaux Law Firm, LLC has a strong track record representing Louisiana clients whose accidents worsened pre-existing conditions, an area of law many attorneys overlook or mishandle.

Van understands how to use detailed medical histories and expert testimony to clearly demonstrate how an incident aggravated a prior injury. He’s successfully helped clients recover full compensation, even when insurance companies tried to downplay their claims.

If your health declined after an accident, even with a pre-existing condition, Van can help you prove it. Contact him today to discuss your case with someone who knows how to win it.

How Does The Eggshell Skull Rule Protect Injury Victims With Pre-Existing Conditions In Louisiana?

Louisiana follows what’s commonly referred to as the eggshell skull rule, meaning defendants are liable for all consequences of their actions, even if the victim had a rare or fragile condition that made them more susceptible to injury. So, in other words, if your condition made you more vulnerable, that does not lessen the defendant’s responsibility.

For example, if someone with brittle bones suffers multiple fractures in an accident, the at-fault party cannot escape liability by arguing the victim’s condition made the injuries worse. The law still holds them accountable for the full extent of the harm caused.

How Do You Talk About Pre-Existing Conditions In Court Without Hurting Your Louisiana Injury Case?

The best approach is simple: honesty. Being upfront about a pre-existing condition strengthens your credibility with the court and jury. More than this, it helps establish that the worsening of your condition is legitimate. It also allows your attorney to show how the accident made things demonstrably worse.

In some cases, a pre-existing condition can actually help prove the extent of your new injuries. For example, if you previously underwent spinal fusion surgery and an accident disturbed that fusion, your attorney can argue convincingly that this created a new, serious medical issue.

Still Have Questions? Ready To Get Started?

For more information on pain and suffering damages in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-0318 today.