If you were injured in a car accident in Louisiana, you may already have a prior injury or medical condition. You might be worried that this will hurt your ability to recover compensation. In many cases, it does not. Louisiana law allows you to pursue a car accident claim if the crash made your condition worse.

Under Louisiana Civil Code Article 2315, a person who causes damage to another is responsible for repairing that harm. This includes situations where a car accident aggravates a pre-existing injury. You are not required to be in perfect health before the crash. The focus is on whether the accident caused new harm or worsened your existing condition.

Can You Still File a Car Accident Claim with a Pre-Existing Injury in Louisiana?

Yes, you can still file a car accident claim in Louisiana even if you had a pre-existing condition. If the crash made your injury worse, you may be entitled to compensation for the aggravation.

Insurance companies usually try to argue that your injuries are not related to the accident. However, Louisiana law does not allow a negligent driver to avoid responsibility simply because you had a prior condition. If your condition changed after the crash, that difference may form the basis of your claim.

Medical evidence is key. Your records before and after the accident can help show how your condition worsened. Imaging, treatment notes, and physician opinions are often used to support your case.

How Insurance Companies Use Pre-Existing Conditions Against You

Insurance companies in Louisiana frequently look for ways to reduce the value of a car accident claim. If you had a prior injury, they may argue that your pain or limitations existed before the crash.

They may review your medical history and highlight past complaints involving the same body part. For example, if you previously had back pain, they may claim your current symptoms are unrelated to the car accident. This is a common tactic in personal injury cases.

You can protect your claim by seeking consistent medical treatment and following your doctor's recommendations. Clear documentation helps show that the accident caused a measurable change in your condition.

How Comparative Fault Affects a Louisiana Car Accident Claim

Louisiana has a comparative fault system under Louisiana Civil Code Article 2323. If you are 51 percent or more at fault for the accident, you are not able to recover damages. If you are less than 51 percent at fault, your compensation is reduced by your percentage of fault.

A pre-existing injury does not count as fault. However, insurance companies may try to confuse fault with medical causation. Fault relates to how the accident happened, while medical causation relates to your injuries. Keeping these issues separate is important in a car accident claim.

What Is the Deadline to File a Car Accident Claim in Louisiana?

Timing is critical in any Louisiana personal injury case. Under Louisiana Civil Code Article 3493.1, car accident cases arising on or after July 1, 2024, typically have to be filed within two years from the date of the accident.

If you miss this deadline, your claim may be barred. This is especially important in pre-existing injury cases, where gathering medical records and expert opinions can take time. Acting quickly helps protect your rights and preserve evidence.

What Compensation Can You Recover After a Car Accident?

If a car accident in Louisiana worsened your condition, you may be able to recover compensation for medical expenses, lost income, pain and suffering, and other damages related to the aggravation of your injury. The challenge is proving what portion of your condition was caused by the accident. Courts will review your medical history and the evidence presented.

Louisiana Car Accident Lawyer for Pre-Existing Injuries

If you were injured in a car accident in Louisiana and have a pre-existing condition, you still have legal rights. These claims can be complex, but you may still be entitled to compensation under Louisiana law.

You should consider speaking with a lawyer who understands how pre-existing injuries affect a car accident claim in Louisiana. An attorney can review your records, gather evidence, and deal with the insurance company on your behalf.

Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation. Attorney Delsa can help you understand your legal rights and options and guide you through your claim.