Case Study: Prexisting Injury Commercial Motor Vehicle Accident

Case Study: Prexisting Injury Commercial Motor Vehicle Accident

Commercial Motor Vehicle Crash Worsens Existing Injury

The idea that preexisting injuries cannot be a part of a motor vehicle accident or personal injury claim is a common misconception. In truth, existing injuries can be—and often are—worsened by the impact of a crash. Pain flare ups and worsening of the injuries often require new diagnoses and treatments that were not necessary prior to the accident. While it is wrong and illegal to purport that a crash caused an existing condition, crash victims are well within their rights to seek compensation for worsening of an injury due to an accident.

We represented a resident of Sulphur who experienced a life-altering event when his vehicle was rear-ended on the Calcasieu River Bridge. Prior to this accident, he had already faced significant challenges due to a neck injury that had forced him to abandon his career in dental implant work.

Opting against the recommended surgery, he had adapted his lifestyle to manage his condition as best he could. However, everything changed dramatically after the collision on the Calcasieu River Bridge. The strategies he had employed to cope with his neck injury were no longer effective, and he found himself exploring new treatment options in hopes of continuing to avoid surgery. Ultimately, after exhausting all other possibilities, he made the decision to undergo a multi-level fusion surgery to address the worsening effects and increased pain caused by his neck injury. Armed with a thorough understanding of our client’s story and the protective provisions of Louisiana law, we pursued justice on his behalf.

Louisiana Law Maintains Defendants Responsible For All Injuries Caused By An Accident

The legal team representing the trucking company acknowledged their driver’s fault in the accident. However, as their defense strategy, the trucking company attempted to place blame on our client’s preexisting neck injury. Our attorneys recognized the importance of understanding and explaining our client’s entire experience with his neck injury—both before and after the accident. By delving into his personal story, we were able to help him effectively convey how the accident significantly worsened his neck injury thereby altering the course of his life.
Our attorneys also know the law. In Louisiana, we adhere to the “eggshell plaintiff” doctrine, which holds the defendant responsible for all injuries resulting from an accident, even if the plaintiff was more susceptible to injury due to a preexisting condition.

We successfully secured a settlement of $1,750,000, providing our client with the compensation and support he deserved during this challenging chapter of his life.

Client Results

$2.5 Million

Commercial Motor Vehicle Accident

$1.5 Million

Case Study Statistic

$700,000

Commercial Motor Vehicle Accident

At SWLA Injury Attorneys, we are dedicated to upholding our clients’ rights, and we will not settle for less than what they deserve. With compassionate legal guidance, we build a deep understanding of each case’s unique circumstances to uncover the relevant facts and tell our clients’ stories. We put the strength of our entire team behind every case, and we are always willing to take a case to court when it is in the best interest of our client.

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