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Can I Sue for a Reaggravated Injury After a Car Accident?


Car accidents can cause severe injuries to those involved. If your injuries were caused by the negligence of another driver, you have the legal right to pursue compensation for your injuries. But what about a pre-existing injury or pre-existing condition that becomes worsened after an accident? After spending the time and money to recover from a previous injury, a car accident can reverse all the healing. You may be unsure if you can even sue the negligent party for the injury since it technically wasn’t caused by the latest accident. 

Seeking compensation for injuries sustained in a car accident can be overwhelming. However, if you think a pre-existing injury will prevent you from receiving fair compensation, think again. Let the qualified personal injury attorneys at Joubert Law Firm help. We can help you recover compensation for your reaggravated injuries while you focus on healing. For a free consultation with a Baton Rouge personal injury attorney, call us today at (225) 777-8853

What Does it Mean to Reaggravate an Injury?

A reaggravated injury occurs when a previous injury is made worse. This can happen if, for example, you have a pre-existing back condition that worsens after a car accident. You may take all the necessary precautions to avoid re-injuring your back, but a car accident caused by someone else’s negligence can cause blunt damage that negates all the hard work you’ve done to recover. 

As you might imagine, the recovery from a previous injury can be seriously interrupted by a Louisiana motor vehicle accident. Plus, in many cases, a pre-existing condition makes seemingly simple injuries significantly worse. If you have a reaggravated injury due to a car accident, you need the help of an experienced Baton Rouge car accident attorney like those at Joubert Law Firm. 

Aggravated vs. Exacerbation

Many old injuries can be aggravated by a car accident, but wrecks can also cause exacerbation of the injury. Both of these words simply refer to the severity of the injury. If the accident causes a minor and temporary worsening of symptoms, this is referred to as exacerbated. Take, for example, a broken arm. If a car accident causes your broken arm to re-break before it’s healed completely, this can be an example of exacerbation. 

On the other hand, when an accident causes a permanent worsening of your condition, it is considered aggravated. For instance, if a car accident caused muscle damage to a pre-existing back injury, this would be an example of an aggravated injury.   

Examples of Pre-Existing Conditions

While vehicle accidents can worsen an existing injury, they can also worsen ongoing medical conditions. Diabetes, for example, causes vascular issues that result in poor blood flow to the extremities, especially the legs and feet. Someone without diabetes may heal from a broken ankle in a few months. Meanwhile, for someone with diabetes, the reduced blood flow may cause slow healing and increase the risk of infection. In extreme cases, an infection can also lead to amputation of the limb. 

Other examples of pre-existing injuries and conditions include:

  • Head injury or traumatic brain injury
  • Previously broken bones
  • Bulging or herniated disks
  • Chronic pain conditions, like fibromyalgia
  • Arthritis
  • Spinal cord injury
  • Osteoporosis
  • Osteogenesis imperfecta (brittle bone disease)

Personal Injury Claim with a Pre-Existing Condition

When a pre-existing condition causes more injuries than the average person would sustain in the same accident, the negligent party is still on the hook for the full extent of the injuries. This is commonly referred to as the “eggshell plaintiff” rule. The defendant (or negligent party) is responsible for the damage, even if the plaintiff’s condition causes more extreme and catastrophic injuries.

If you happen to be on the job when the accident occurs, you may be battling a workers’ compensation insurance company for your work-related injury on top of dealing with the recovery. You may also be hesitant to even report the accident and risk losing your workers’ compensation benefits. At Joubert Law Firm, our attorneys are experienced in handling many insurance companies, including workers’ comp. As an injured worker, you may be able to keep your workers’ comp benefits for your existing injury while still pursuing a personal injury lawsuit for aggravating that injury. 

How To Prove Aggravation of a Pre-Existing Condition

Proving aggravation of a pre-existing injury can be difficult, but it is definitely possible. In some cases, a preexisting injury or preexisting condition may actually make obtaining compensation easier under the right circumstances. Regardless, working with an experienced personal injury lawyer offers plaintiffs their best chance at proving the reaggravation of a specific injury and obtaining maximum compensation for both the reaggravated injury as well as any new injuries. 

People with pre-existing injuries and conditions are likely to have more medical records documenting their injuries than those without. Having well-documented records of previous medical bills and courses of treatment from before the accident can prove the extent of aggravation. 

Car Accident Aggravated Pre-Existing Condition Settlement

At Joubert Law Firm, our personal injury attorneys are dedicated to recovering the maximum amount of compensation for you. In many cases, the insurance company of the responsible party may try to contact you shortly after the accident and try to offer a low settlement. The offer may sound appealing, but it is only a small amount of what you could be able to recover with the help of a skilled Louisiana personal injury attorney

Most settlements our attorneys are able to obtain for a motor vehicle accident include compensation for:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment in life
  • And more

At Joubert Law Firm, we are prepared to work with all types of injury victims, no matter the nature of the injury or cause of the accident. If you or a loved one have suffered exacerbated or reaggravated injuries following a car wreck caused by another’s negligent actions, allow our competent Baton Rouge personal injury attorneys to help streamline the process and obtain a fair settlement on your behalf.

Baton Rouge, Louisiana Car Accident Injury Lawyer

At Joubert Law Firm, we work with accident victims all over Louisiana and the Baton Rouge area, with a track record for obtaining excellent case results. If a motor vehicle accident has worsened your preexisting injury, whether that’s a car wreck, commercial truck wreck, 18-wheeler accident, motorcycle accident, or more, we encourage you to contact our qualified South Louisiana personal injury lawyers today. 

Whether the injury is a new injury or one that has reaggravated preexisting conditions, we’ve got you covered. What’s more, as we are a contingency-based law firm, an attorney-client relationship can begin with no financial risk. Call Joubert Law Firm today for a free consultation at (225) 777-8853 or complete our online intake form to get started. 

The post Can I Sue for a Reaggravated Injury After a Car Accident? appeared first on Joubert Law Firm.

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