Almost nobody reaches adulthood with a perfect medical history. Old back problems, a trick knee, arthritis, a prior car accident, a bad shoulder — these are the normal wear and tear of life. So when a crash makes one of those conditions dramatically worse, injured people often ask the same worried question: will the insurance company use my history against me?
They will certainly try. But having a pre-existing condition does not bar you from recovering in Louisiana. In many ways, the law is on your side. Here is what you need to understand.
The wrongdoer takes you as they find you. Louisiana follows a long-established principle often called the eggshell plaintiff rule. The idea is simple: a person who causes an accident is responsible for the harm they cause to the actual victim in front of them — not to some hypothetical, perfectly healthy person. If you were more vulnerable to injury because of a prior condition, that is the at-fault party's problem, not yours. They do not get a discount for injuring someone who was already hurting. In the words courts use, the wrongdoer takes his victim as he finds him.
Aggravation of an old injury is a real, compensable injury. You do not have to be perfectly healthy before a crash to have a valid claim. Louisiana law recognizes that an accident can aggravate, accelerate, or worsen a pre-existing condition — and when it does, that worsening is itself a compensable harm. If you were managing chronic back pain and a rear-end collision turned it into a herniated disc that needs surgery, the difference between where you were and where you ended up is exactly what the claim is about.
The key question is: what changed? In a case involving a pre-existing condition, the fight is usually not about whether you had prior issues — it is about how much worse the accident made them. That is why your medical records matter so much. Documentation showing your condition before the crash, compared with your condition afterward, tells the story: more pain, new symptoms, new treatment, new limitations, a new surgery. The clearer that contrast, the harder it is for an insurer to argue that nothing changed.
Why insurance companies bring up your history. Adjusters request your prior medical records for a reason. Their goal is to argue that your pain was already there and that the accident had little or nothing to do with your current condition. It is one of the most common tactics in injury claims. Sometimes they will even suggest that because you did not mention an old injury, you were hiding something. Do not be intimidated by this. Having a medical history is normal, and the law fully expects it.
Honesty is your best protection. The single most important thing you can do is be completely truthful about your medical history — with your doctors and with your own attorney. Trying to hide a prior condition almost always backfires, because insurers can obtain your records and will pounce on any inconsistency. On the other hand, when you are upfront, your prior records often become an asset: they establish a baseline that proves how much the accident changed your life. The truth, well documented, is far stronger than a story that unravels.
A few practical steps go a long way when you have a pre-existing condition:
Tell your treating doctors the full picture. Make sure they know about your prior condition and, just as importantly, how the accident changed your symptoms. Their notes become key evidence.
Describe your symptoms accurately and consistently. Report new or worsened pain clearly at each visit. Consistency across your records is powerful.
Do not exaggerate — and do not minimize. Both hurt you. Toughing it out and telling every doctor you are fine can be used to argue you were not really injured.
Gather your prior records. Old records that show your condition was stable or well-managed before the crash can be some of your best evidence of what changed.
Be careful what you say to the insurance company. You are not required to give the at-fault insurer a recorded statement, and casual comments about your health history can be taken out of context. It is often wise to talk to an attorney first.
Comparative fault and deadlines still apply. As in any Louisiana injury case, compensation can be affected by comparative fault, and strict deadlines apply — the period to file most personal injury lawsuits is now two years for injuries occurring on or after July 1, 2024 (one year for older injuries). A pre-existing condition does not change those deadlines, but it does make it even more important to get experienced help early, while the medical picture is fresh and records are easier to assemble.
How Bruscato Law can help
Insurance companies count on injured people being scared of their own medical histories. We are not. At Bruscato Law, we know how to present a pre-existing condition the right way — showing the before-and-after, working with your doctors, and holding the at-fault party responsible for the full extent of the harm they caused. A prior injury is not a reason to give up on your claim, and it is not a reason to accept less than you deserve.
If you were hurt in an accident in the Monroe or Ruston area and you're worried about a pre-existing condition, contact Bruscato Law for a free, no-obligation consultation. Call us at (318) 855-1613. There is no fee unless we win your case.
This blog post is for informational purposes only and does not constitute legal advice. Every case is different, and reading this article does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed Louisiana attorney.