Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
If you’ve been hurt in an accident in Louisiana and you have a past injury or medical issue, you might wonder how that affects your case. Will the insurance company deny your claim? Can you still get compensated if your old injury flares up again?
These are valid concerns. The truth is, having a pre-existing condition doesn’t automatically ruin your case. But it does make things more complicated. The law in Louisiana protects injured victims, even if their medical history makes them more vulnerable to injury.
Here’s everything you need to know about how pre-existing injuries affect personal injury claims in Louisiana—and what you can do to protect your rights.
A pre-existing condition is any injury or illness that existed before the accident. It could be something fully healed or a condition you’ve managed for years. These conditions often become a focus in personal injury lawsuits, especially when insurance companies try to reduce how much they have to pay.
Common examples include:
Insurers will often argue that your old injury caused the pain or mobility issues you’re dealing with now—not the accident. That’s why proper Documentation and legal guidance are essential.
Louisiana’s Eggshell Skull Rule means the at-fault party must treat the victim as they are—even if a prior condition made the injury worse. Under Civil Code Article 2315, defendants can still be fully liable for aggravated harm caused by their negligence.
Louisiana’s comparative fault law may reduce your compensation if you’re partly at fault—but not because of a pre-existing condition. If someone worsens your prior injury, they can still be held responsible for the added harm.
This part can be tricky. To win your case, you’ll need to show that the accident either:
Medical records are key here. If you’ve had treatment before, doctors can compare your past and current condition to show how things changed.
Doctors might use:
Insurance companies often try to blame old injuries to reduce payouts. They may ask you to sign broad medical release forms to access your complete history. Only relevant records are required, so have a lawyer review any documents before you sign.
It’s completely legal to file a claim if you have a prior condition—but you’ll need to be more careful. Here’s how to protect your claim:
Don’t try to hide your old injury. It will likely come up during the claims process. Your lawyer needs the whole picture to prepare the best defense.
Full disclosure helps your attorney build a stronger case and protect your credibility.
See your doctor, attend your appointments, and follow all instructions. Insurance adjusters look for gaps in treatment to argue that you’re not really hurt.
Consistent care shows that your condition is legitimate and that you’re making a sincere effort to recover.
Please don’t give the insurance company more than they’re entitled to. Only share records related to the injury caused or worsened by the accident. Always consult with your lawyer before signing anything.
Having a documented medical history can work in your favor. If you’ve had scans or test results from before the accident, they can help prove that your condition has changed.
For example, if an old back injury was stable for years, but your post-accident scans show new damage or worsening symptoms, that supports your claim.
Documented medical history often makes it easier to show how an accident caused new or aggravated injuries.
|
Factor |
Description |
Impact on Case Outcome |
| Type of Pre-existing Condition | Bone fractures, back injuries, TBIs, arthritis, etc. | May be used to argue pre-existing damage |
| Medical Documentation | Prior diagnostic scans, treatment notes | Strong evidence for proving aggravation |
| Eggshell Skull Rule | Defendant is liable for full extent of injury | Victim’s vulnerability doesn’t reduce liability |
| Comparative Fault Law | Shared responsibility in Louisiana | Compensation may be reduced, not denied |
| Insurance Company Tactics | Overbroad record requests, downplaying new injuries | Requires legal oversight to prevent manipulation |
Yes, if the accident worsen your condition, Louisiana law allows you to seek compensation.
This rule makes the negligent party responsible, even if your past condition made your injury worse.
They’ll try, but with legal help, you can limit access to only relevant medical records.
Yes, updated records help show how the accident changed or worsened your health.
Your compensation may be reduced if you were partly at fault but not due to a prior condition.
Yes, they can. Clear records showing a difference before and after the accident support your claim.
Having a pre-existing condition doesn’t disqualify you from seeking compensation in Louisiana. You still have the right to hold negligent parties accountable—especially when their actions make your health problems worse.
The key is Documentation, honesty, and strong legal support. Whether it’s comparing scans or explaining how your daily life has changed, there are ways to show the real impact of the accident.
If you’ve been injured and are worried about how your past health may affect your claim, the attorneys at Charbonnet Law Firm, LLC are ready to help. Our team understands how to navigate these challenges and will work with you to pursue a fair and complete recovery.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
