Yes, a pre-existing condition can affect how an insurance company evaluates your claim. However, it should not prevent you from recovering compensation.
If an accident worsens a pre-existing injury or condition, you’re generally entitled to compensation for that aggravation, even though you cannot recover for the portion of the condition that existed before the accident.
Below, our Baton Rouge injury attorneys explain how insurance companies use pre-existing conditions to dispute claims and what you can do to protect yours.
You Can Still Recover Compensation If You Have a Pre-Existing Condition
Louisiana law recognizes that accident victims aren’t always in perfect health before they’re injured. If an accident worsens a pre-existing condition or causes new symptoms related to an old injury, you’re generally entitled to compensation for that additional harm, even though you cannot recover for the portion of the condition that existed before the accident.
This principle is supported by a long-standing legal doctrine known as the eggshell skull rule. Under this doctrine, an at-fault party is responsible for the full extent of the harm they cause, even if the victim’s pre-existing condition made that harm more severe than it would have been for someone in better health. In other words, the at-fault party must “take the victim as they find them.”
How Insurance Companies May Attempt to Use Pre-Existing Conditions Against You
Even though the law supports your right to recover compensation for an aggravated condition, insurance adjusters often use pre-existing conditions as a reason to minimize or deny a claim.
Common tactics include:
- Arguing that your current symptoms are entirely caused by the pre-existing condition, not the accident
- Requesting extensive medical records to search for any prior treatment they can use against you
- Offering a lowball settlement while blaming your medical history
- Denying the claim outright and pointing to your pre-existing diagnosis
Insurance adjusters work for the insurance company, not for you. Their goal is to pay out as little as possible, and a documented pre-existing condition can give them an opening to try to do so. You need the help of an experienced Baton Rouge injury attorney to protect your rights and help you secure maximum compensation for your damages.
How to Protect Your Louisiana Personal Injury Claim
If you have a pre-existing condition, taking the following steps can strengthen your case:
- Be upfront about your medical history. Trying to hide a pre-existing condition can damage your credibility if it’s later discovered. Disclosing it honestly, alongside clear documentation of how the accident worsened it, is a stronger approach.
- Get prompt medical treatment. A clear medical record showing your condition before and after the accident helps establish exactly how your symptoms changed.
- Keep detailed records. Document your pain levels, limitations, and treatment before and after the accident, if possible, to show the difference it made.
- Work with your treating physicians. A doctor’s clear explanation of how the accident aggravated your condition can be critical evidence in your claim.
- Work with an experienced injury attorney. A skilled personal injury lawyer can gather and present medical evidence to support your claim, push back against insurance companies’ tactics, negotiate aggressively for a fair settlement, and take your case to court if the insurance company refuses to play fair.
Contact Our Baton Rouge Injury Lawyers at Chris Corzo Injury Attorneys
A pre-existing condition does not have to stand in the way of your securing maximum compensation for your damages. At Chris Corzo Injury Attorneys, our team of personal injury attorneys has the skills, resources, and experience to build your strongest claim, even when your medical history is complicated.
Call our personal injury lawyers in Baton Rouge today at (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your claim.