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It's common for Louisiana car crashes to leave victims suffering an injury to a body part that has been previously injured. In an auto insurance claim settlement, this would be considered a pre-existing condition, meaning the old condition existed before your current motor vehicle injury.
Pre-existing injuries are information that you would need to share with your Louisiana attorney and the doctor who provides treatment after your accident.
An attorney from The Young Firm, which is based in New Orleans but serves clients throughout the state, knows how to best present your case for a fair auto insurance claim settlement. If you withhold information such as a pre-existing condition, you could damage your credibility as well as your auto insurance claim settlement.
Louisiana Car Crashes: When a Pre-Existing Condition is Aggravated
There's no reason to keep it a secret that you have a pre-existing condition. You can still collect damages if you have an old injury that was aggravated, provided that someone else's negligence caused the accident.
According to Louisiana law, if your pre-existing condition has been worsened by the accident, you must provide proof, such as medical records, to have a successful personal injury claim.
A pre-existing condition can oftentimes be helpful in proving the extent of a motor vehicle injury because past diagnostic exams can be compared with current exams. At The Young Firm we have seen several post-accident lower back and neck MRI scans, for example, that have proven how some injuries have worsened.
Incidentally, a strong case can be built for a client who in the past underwent detailed testing for what turned out to be a minor injury. When those tests (CT scans, MRIs, X-rays) are compared with tests taken immediately after the accident, the full extent of the injury is obvious.
Insurance Companies and Pre-Existing Injuries
It's common for insurance companies and their legal teams to focus on pre-existing conditions in a negative way when a claim has to deal with car crashes. In fact, they may try to blame a pre-existing condition for your current injuries if you give them access to your medical history too soon in the claims process. Don't be discouraged. This is merely a tactic used by insurers in hopes of denying or minimizing your claim.
When you have a savvy Louisiana attorney handling your case, you will have an advocate for your rights who is used to standing up to insurance companies and will help you obtain all of the compensation to which you're entitled, including:
Get Legal Help Now - Contact a Louisiana Attorney
As the victim of a motor vehicle injury, you have a lot of questions about your health and your financial future. Louisiana attorneys Timothy J. Young, Robert J. Young Jr. and Jason C. MacFetters understand your concerns and anxieties. Before you hire an attorney, order this free injury guide to learn about your rights in Louisiana. The Young Firm is located in New Orleans and serves clients throughout Louisiana, including Baton Rouge, Shreveport and beyond. Contact us today at 504-680-4100 or 1-866-660-7220.
The Young Firm
400 Poydras Street
Suite 2090
New Orleans, Louisiana 70130
Phone: (504) 680-4100
Toll Free: (866) 660-7220
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