If you have a pre-existing condition and then suffer a traumatic brain injury (TBI) in an accident, the insurance company will probably try to argue that your current injuries are due to your pre-existing condition. They will look for anything they can find to use against you so they can pay you as little as possible to settle your claim.
However, Louisiana law protects injury victims with pre-existing conditions. You need the assistance of an experienced Baton Rouge brain injury lawyer with a proven record of success to protect your rights and help you secure the full compensation you are entitled to.
At Chris Corzo Injury Attorneys, our traumatic brain injury attorneys have the experience, skills, and resources to combat the tactics used by insurance companies, build your strongest case, and help you secure maximum compensation for your injury.
Call our (225) 999-1111 or complete the short form on our contact page to schedule a free consultation with a brain injury lawyer in Baton Rouge and discuss your claim.
Understanding Pre-Existing Conditions in TBI Cases
A pre-existing condition is any health issue or injury that existed before the accident that resulted in your current traumatic brain injury.
Pre-existing injuries that may be relevant to your traumatic brain injury claim could be earlier concussions, a history of migraines, seizure disorder, or other past brain injuries. However, insurance companies may also try to use other types of pre-existing conditions against you, including high blood pressure, mental health issues, or even diabetes.
Pre-existing conditions do not automatically disqualify you from recovering compensation or reduce the amount of compensation you can recover. If your accident worsened your pre-existing condition or caused new injuries, you have a valid personal injury claim and are entitled to seek full compensation for your damages.
How Louisiana Law Protects Victims With Pre-Existing Conditions
Under Louisiana law, a party who is negligent and causes injury to a person must take that person as they find them. Which means that, even if the person is much more likely to suffer an injury or already has an injury that could easily be made worse, you are still liable if you cause or worsen their injury.
In some states, this legal principle is known as the “eggshell plaintiff rule” or the “thin skull rule.” This means that if you are injured in an accident, the person who caused your accident by their negligence or wrongdoing is responsible for all damages they cause you, even if you were much more vulnerable to injury because of a pre-existing condition.
Insurance Companies Will Try to Use Your Pre-Existing Condition Against You
Insurance companies are not looking out for your best interest. They are trying to maximize their own profits by minimizing what they pay you for your claim. They will scrutinize every detail of your medical history to find something they can use against you.
When they see a pre-existing condition that has any possible link to a brain injury, they will try to manipulate the facts to their advantage. They may claim that your old condition causes your current symptoms and, therefore, they are not responsible.
Insurance companies often hire their own medical experts to review your records and provide testimony favorable to them. Their doctors may claim that your current symptoms are a continuation of your pre-existing condition rather than an aggravation of your pre-existing condition or a new injury caused by the accident.
They may also try to claim that even if the accident made your pre-existing condition worse, it only made it slightly worse, and they will try to pay you much less than the actual value of your claim. These tactics are intended to pressure you into accepting a low-ball settlement or just abandoning your claim.
How to Prove Your TBI Claim When You Have a Pre-Existing Condition
When you have a pre-existing condition, medical evidence that proves your condition before and after the accident is critical. You need to be able to clearly show how the accident changed your condition by making it worse, or by causing entirely new symptoms.
It is best if you have medical documentation showing your baseline before the accident. For example, if you had migraines before the accident, but they were able to be managed, it is essential to show that.
Then, you need medical documentation showing that your migraines after the accident are much worse and are impacting your quality of life in a way they did not prior to the accident.
The testimony of your treating physicians carries significant weight. The doctors who treated you before the accident can explain how your condition was stable or improving, or that you had recovered from your prior injury.
Your current treating physician can testify about the changes they have observed since your accident. This before-and-after comparison by your doctors can help build your strongest case.
Avoiding Common Mistakes When You Have a Pre-Existing Condition
Do not assume that just because you have a pre-existing condition, you do not have a good claim now. Another common mistake injury victims make is discussing their claim and their medical history with insurance adjusters without consulting an experienced TBI attorney.
If you have a pre-existing condition and then are injured in an accident and suffer new injuries or the accident worsens your condition, you should promptly consult an experienced Baton Rouge brain injury lawyer.
At Chris Corzo Injury Attorneys, our team will evaluate your claim and give you an estimate of what we believe would be a fair settlement of your claim. You should never accept a settlement offer until an experienced brain injury attorney has accurately valued your claim. Until then, you will not know whether a settlement offer is fair or not.
How a Traumatic Brain Injury Attorney Can Help You
An experienced traumatic brain injury lawyer will carefully investigate your accident to identify all causes and liable parties to maximize available sources of compensation. They can help protect your medical history so the insurance companies do not access more information than is needed to process your claim.
Your attorney can consult medical experts to establish how the accident either caused new injuries or significantly worsened your pre-existing condition. They can also consult financial experts to develop the current and future value of your damages and build your strongest case.
An experienced traumatic brain injury attorney can defend against the insurance companies’ aggressive tactics and protect your right to recover the full amount of your damages. Your chances of securing maximum compensation are much higher if an experienced TBI lawyer represents you.
Contact a Baton Rouge Brain Injury Lawyer From Chris Corzo Injury Attorneys
If you had a pre-existing condition and were then injured in an accident caused by another party’s negligence or wrongdoing, our Baton Rouge attorneys want to help you. A pre-existing condition will not prevent you from recovering the compensation you deserve.
At Chris Corzo Injury Attorneys, our personal injury lawyers can protect your rights and help you secure maximum compensation for your damages. Call our dedicated Baton Rouge brain injury attorneys at (225) 999-1111 or visit our contact page to schedule a free consultation and discuss your claim.