Some individuals may be deterred from making personal injury claims because the part of their body that was affected by an accident may have been injured at some time before the accident. However, Louisiana employs what is known as the “Eggshell Plaintiff Doctrine." Essentially, this doctrine provides that even if you have a medical condition/injury that predates your accident, any aggravation or exacerbation of that condition or injury caused by your accident is actionable. In other words, if an automobile accident increases the severity of a pre-existing injury, you may make a claim for that increase.
Do Not Let Pre-Existing Injuries Deter You