The Impact of Pre-existing Conditions on Your New Orleans Car Crash Case
When you’re involved in a car crash in New Orleans, the situation can be overwhelming, especially if you’re already dealing with a pre-existing condition. Whether it’s a chronic back issue, an old knee injury, or any other health concern, pre-existing conditions can significantly impact your car crash claim. Understanding how these conditions affect your case is crucial to ensuring you receive fair compensation. In this blog post, we’ll explore how pre-existing conditions come into play in car crash cases and what New Orleans car crash lawyers can do to protect your rights.
Understanding Pre-existing Conditions
A pre-existing condition is any medical condition you had before the car accident occurred. These conditions can range from minor ailments, like a sprained ankle that never fully healed, to more serious issues, such as degenerative disc disease or arthritis. Insurance companies often scrutinize pre-existing conditions to minimize the amount they have to pay in a settlement. They may argue that your injuries were not caused by the car crash but were instead a result of your pre-existing condition.
The Eggshell Plaintiff Doctrine
Fortunately, Louisiana law recognizes the “eggshell plaintiff” doctrine, which states that a defendant is responsible for the injuries they cause, even if the victim has a pre-existing condition that makes them more susceptible to injury. This means that if a car crash exacerbates or aggravates a pre-existing condition, the at-fault party can still be held liable for the full extent of the injury.
For example, if you have a pre-existing back injury and the car crash worsens it, the negligent driver is responsible for the increased severity of your injury, not just the initial back problem. This legal principle is designed to ensure that victims with pre-existing conditions are not unfairly denied compensation.
How Pre-existing Conditions Affect Your Car Crash Claim
1. Burden of Proof
One of the most significant ways pre-existing conditions affect your car crash claim is by shifting the burden of proof. You and your attorney will need to demonstrate that the car accident either caused a new injury or aggravated a pre-existing condition. This often involves providing detailed medical records, expert testimony, and other evidence to show how the accident impacted your health.
2. Medical Documentation is Key
Accurate and thorough medical documentation is critical in cases involving pre-existing conditions. It’s essential to have a clear record of your health before and after the accident. This documentation will help establish the extent to which the car crash worsened your condition and will be vital in negotiations with insurance companies or in court.
For instance, if you have a history of neck pain but the car crash caused new or increased pain, your medical records should reflect this change. Doctors’ notes, imaging studies, and specialist evaluations can all provide valuable evidence to support your claim.
3. Insurance Company Tactics
Insurance companies often use pre-existing conditions to their advantage. They may try to argue that your injuries were not caused by the accident or that they are not as severe as you claim. This is where having an experienced New Orleans car crash lawyer on your side is crucial. Your attorney can counter these tactics by presenting strong evidence and advocating for your rights.
It’s also important to avoid downplaying your injuries or withholding information about your pre-existing conditions. Being upfront about your medical history allows your attorney to build a more robust case and helps prevent the insurance company from using your past against you.
Strategies for Obtaining Fair Compensation
To ensure that your pre-existing conditions do not unfairly limit your compensation, consider the following strategies:
1. Seek Immediate Medical Attention
After a car crash, it’s vital to seek medical attention right away, even if you feel fine initially. Some injuries may not be immediately apparent, and a prompt medical evaluation can help document any new or aggravated conditions.
2. Work with an Experienced Lawyer
An experienced New Orleans car crash lawyer, like those at Bey & Associates, understands how to navigate cases involving pre-existing conditions. They can help gather the necessary evidence, work with medical experts, and negotiate with insurance companies to ensure you receive fair compensation.
3. Maintain Detailed Records
Keep detailed records of all medical appointments, treatments, and any changes in your condition. These records can be crucial in demonstrating how the car crash affected your health and in supporting your claim for damages.
Contact Our New Orleans Car Crash Lawyers
Pre-existing conditions can complicate a car crash claim, but they should not prevent you from seeking fair compensation. By understanding the impact of these conditions on your case and working with an experienced New Orleans car crash lawyer, you can protect your rights and pursue a fair settlement.If you’ve been involved in a car crash in New Orleans and have a pre-existing condition, don’t hesitate to reach out to Bey & Associates. We’re here to help you navigate the complexities of your case and fight for fair compensation.
