When you’ve been injured in an accident, you expect the insurance company to handle your claim fairly. However, if you have a pre-existing condition, the process can become more complicated. Insurers may use your medical history to lower their payout. A Louisiana personal injury lawyer can help you understand how this works and protect your rights.
In Louisiana, a pre-existing condition doesn't bar you from recovering damages in a personal injury claim. However, you must show the accident worsened your condition. The "eggshell plaintiff" rule protects victims, holding defendants accountable for injuries exacerbating pre-existing conditions. Clear medical evidence is crucial to demonstrate the injury's impact.
What Is a Pre-Existing Condition?
A pre-existing condition is any health issue you had before the accident. This could include things like:
- Chronic back pain
- Previous injuries, like a sprained knee
- Conditions like arthritis or diabetes
These conditions don’t disqualify you from seeking compensation. However, they can impact how insurance companies evaluate your claim.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance companies look for ways to reduce their payouts. If they see a pre-existing condition in your medical records, they might argue:
- Your pain or injuries existed before the accident.
- The accident didn’t make your condition worse.
For example, if you had back pain before the crash, they may claim your discomfort isn’t from the accident but from your prior condition. Even if the collision made things worse, insurers might downplay its effect.
How Can Pre-Existing Conditions Impact Compensation?
If the insurance company successfully shifts blame to your pre-existing condition, they may offer you less money than you deserve. They might even try to deny parts of your claim altogether.
That’s why it’s important to clearly show how the accident affected your health. This is called “proving aggravation.”
What Is Aggravation of a Pre-Existing Condition?
In Louisiana, you can seek compensation if an accident worsens a pre-existing condition. This is known as aggravation. It’s your right to recover damages for how much worse the accident made your condition, even if you weren’t in perfect health beforehand.
For example, if you had a bad knee before the accident but now need surgery because of the crash, you can be compensated for that.
How to Strengthen Your Aggravation Claim
1. Get Detailed Medical Documentation
Your medical records are key to proving your case. A doctor can explain:
- The condition you had before the accident
- How the accident made it worse
- What treatment you now need
The clearer your medical evidence, the harder it is for the insurance company to argue against your claim.
2. Be Careful What You Say to Insurance Adjusters
Insurance adjusters might ask about your medical history. Be cautious. Misstating details or leaving things out could hurt your case. Before speaking with them, consult a legal professional to avoid common pitfalls.
3. Work With an Experienced Attorney
A skilled attorney knows how to push back when insurance companies try to use your medical history against you. They can:
- Gather the right evidence
- Consult with your doctors
- Negotiate for fair compensation
Can I Still Get Compensation With a Pre-Existing Condition?
Yes. Louisiana law allows you to recover compensation for injuries caused by an accident, even if you weren’t in perfect health before. Insurance companies might try to make the process difficult, but you have rights.
We have a long track record of obtaining settlements for clients with pre-existing conditions. The simple truth is these cases take longer and usually involve us having to file suit. However, that does not mean you are not entitled to compensation for the injuries you sustained.
If you have a pre-existing condition, don’t let the insurance company take advantage of you. By documenting your injuries, consulting your doctor, and working with a Louisiana car accident lawyer, you can protect your claim.
Remember, you have the right to fair compensation for the harm caused by the accident—regardless of your medical history. If you were injured and the insurance company is trying to fight your claim due to your pre-existing conditions, give us a call at 985-240-9773.
