How Prior Injuries Affect New Injury Claims In Louisiana

In this article, you can discover…

• How Louisiana law defines a “pre-existing” medical condition
• Whether you can file a personal injury claim if the impacted body part was previously injured
• How an attorney can help you navigate pre-existing conditions as you file a claim

What Is Considered A Pre-Existing Injury Under Louisiana Personal Injury Law?

A pre-existing injury is an injury you suffered before the accident you are making a claim on that impacted the same body part. For example, if you were in a car wreck two years ago that injured your back and then re-injured your back in a new wreck, your back injury would be considered a pre-existing injury.

However, if you previously injured your back in a car wreck and suffered a later wreck that impacted your arm, your back injury would not be considered pre-existing with regard to your claim, as a different body part was impacted.

Can I File A Louisiana Injury Claim If I Had A Previous Injury In The Same Body Area?

Yes, you can file a claim, but you must prove that the accident you are now filing a claim on aggravated or exacerbated the previous injury.

The best way to prove this is through medical records. You’ll need to produce the medical records from your pre-existing condition and get a medical expert, such as your treatment physician, to state that this recent incident (such as a car wreck) aggravated or worsened the pre-existing injury, causing new pain and new health impacts.

Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana, are respected, determined personal injury attorneys.

With over 30 years of combined experience, they’ve helped clients just like you navigate pre-existing injuries, helping them secure the best legal outcomes possible after a wreck.

Have questions, or in need of legal representation? Reach out to the Gennusa Firm for a FREE initial consultation today.

Will A Pre-Existing Condition Reduce The Compensation In My Personal Injury Claim?

Possibly. Once an insurance company finds out you’ve suffered a pre-existing injury, they will likely deny any compensation on the basis that the current wreck didn’t cause any new injuries.

This means that you will need to get a copy of your old medical records and obtain a copy of your new medical records to show the insurance company that this wreck has indeed increased or aggravated your injury.

Why Should I Disclose All Prior Injuries To My Personal Injury Attorney?

You should always be 100% honest with your personal injury attorney, even if you think the information would hurt your case. That way, your attorney can figure out the best way to help you win the compensation you deserve.

Insurance companies have a lot of money to investigate each claim. They also share information on any previous claims you may have made and have access to databases to find out if you’ve been in a previous wreck and suffered any injuries.

In other words, the insurance company will know about your previous injuries whether you’re up front about them or not. It’s always best to disclose all prior injuries to your personal injury attorney, so they aren’t surprised and so they can prepare and decide how to best help you.

Still Have Questions? Ready To Get Started?

For more information on prior injuries and Louisiana personal injury claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-1983 today.