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Had an accident while already dealing with a prior injury? You might be scratching your head, wondering how this previous injury might shape your new claim. Let’s break it down, Louisiana-style.
Pre-Existing Condition and Your Claim: What’s the Deal?
You’re in a car crash, but you were already nursing an old injury. You’re concerned. Will that old wound hinder your claim? Here’s the good news: a pre-existing condition doesn’t stop you from pursuing recovery. However, it might make proving your injuries and the worth of your claim a tad tricky. Insurance companies are known to pull this card to sidestep paying fair compensation, claiming that the car accident didn’t cause the injury. That’s why, dear reader, having an attorney at your side right away is a smart move.
What is a Pre-Existing Condition Anyway?
In plain terms, a pre-existing condition is a health issue you were dealing with before the accident. A lot of us have them, especially as we grow older. Don’t let that scare you, though! It shouldn’t stop you from getting what’s rightfully yours. The insurance company might try to convince you that you need a spotless health record to prove your injuries. But if you have a pre-existing injury, all you need to show is that the accident made it worse, not that it created it.
After the Accident: What Should You Do?
Get medical attention pronto! It helps to show that the fresh injuries were caused by the accident, not the old ones. Keep up with regular treatment to build strong evidence that the accident either created or worsened your injuries. Ever had a herniated disc before the crash? That counts as a pre-existing condition.
Watch Out for These Common Issues:
- Degenerative disc disorders
- Anxiety, depression, PTSD
- Previous surgeries
- Fibromyalgia
- Neck or back problems
- Traumatic brain injuries
Good News From Louisiana Law
In Louisiana, even if an accident makes a pre-existing condition worse, you can still seek recovery for all the damage. It’s called the “eggshell doctrine.” Nobody’s blaming you for being fragile.
Got a Pre-Existing Condition in Your Claim?
You might need a medical expert to spell out your condition before and after the accident. X-rays, MRI scans from before can show how the accident affected those older injuries.
Talk to Your Attorney – They’re Your Ally
Be upfront with your personal injury attorney about past injuries or accidents. It’ll help them negotiate the best deal for you since insurance companies can later find your medical history. Honesty allows your attorney to foresee any problems the insurance company might raise and nip them in the bud.
So, got a pre-existing condition? Don’t let it intimidate you. With the right help, you can face those insurance giants and stand tall. After all, Louisiana’s law and Taylor & McDowell Law have your back. That’s something you can count on!
