Detailed Answer
Short answer: Yes. Under Louisiana law, you can seek damages for a pre-existing back condition that an accident materially aggravated. The person (or entity) whose negligence caused the accident generally must pay for the additional injury and its consequences, even if the injured person had a prior condition that made the harm worse.
Why this matters: Louisiana law imposes liability for harmful acts in La. Civ. Code art. 2315, which requires a person at fault to repair the damage they cause. Louisiana also follows the principle that a defendant takes the plaintiff as they find them—often called the “eggshell plaintiff” rule—so a pre-existing vulnerability does not absolve a negligent party of responsibility for aggravation.
What you must prove
To recover for the aggravation of a pre-existing back condition, you typically must prove by a preponderance of the evidence (more likely than not) the following elements:
- Fault: The defendant’s negligent act or omission caused the accident (e.g., a distracted driver ran a red light).
- Causation of aggravation: The accident caused a new injury or materially worsened your prior back condition. Medical records, imaging, and medical testimony help establish this link.
- Damages: You suffered measurable harm because of the aggravation — medical bills, lost wages, pain and suffering, reduced earning capacity, and future care needs.
How courts treat pre-existing conditions
Courts will not deny recovery simply because the plaintiff had a prior back problem. Instead, the factfinder separates (to the extent possible) harms caused by the defendant from harms that would have occurred anyway. The defendant is responsible for all additional harm and the reasonable costs related to that aggravation. In practice, medical experts and records often explain what portion of your condition relates to the accident versus what was pre-existing.
Comparative fault and damage awards
Louisiana uses comparative fault rules that can reduce your recovery if you bear some responsibility for the accident. See La. Civ. Code art. 2323. If a jury finds you partially at fault, the court reduces your damages by your percentage of fault. But a pre-existing back condition does not, by itself, assign fault to you — it affects the evaluation of causation and damages, not liability for the aggravation.
Types of damages you can seek
- Past and future medical expenses related to the aggravation (emergency care, surgery, physical therapy, medications).
- Past and future lost income if the aggravation caused time off work or reduced capacity.
- Pain and suffering, mental anguish, and loss of enjoyment of life attributable to the aggravated condition.
- Costs of ongoing or permanent care (assistive devices, in-home help, modifications) when the aggravation causes lasting disability.
Evidence that helps your claim
Strong proof of aggravation usually includes:
- Contemporaneous medical records showing change in symptoms after the accident.
- Diagnostic imaging before and after the accident (MRIs, X-rays) demonstrating new or worsened pathology.
- Expert medical testimony linking the accident to the worsening of your back condition.
- Statements, photos, and incident reports documenting the accident and immediate effects.
- Records of prior treatment to show baseline functioning and how the accident altered it.
Timing — act quickly
Delictual (tort) claims in Louisiana generally prescribe (expire) after one year from the date of injury. See La. Civ. Code art. 3492. That means you should promptly seek medical care, preserve evidence, and consult an attorney well before the one-year deadline. Missing the prescriptive period can bar your claim, even if the aggravation is clear.
Practical steps to protect your claim
Immediately seek medical attention after the accident and follow through with recommended tests and treatment. Tell each treating provider about prior back problems and the new or increased symptoms you are experiencing. Keep records of all care, expenses, employer communications about missed work, and a diary of pain or limitations.
Settlement vs. litigation
Insurers may offer a quick settlement. Before accepting an offer, understand whether it fairly compensates you for the aggravation and for likely future costs. If the full extent of aggravation or future needs remains unclear, consult an attorney before settling. If you litigate, expert witnesses typically quantify how much of your condition the accident caused and what future care will cost.
Important links: La. Civ. Code art. 2315: https://legis.la.gov/Legis/LawSearch/Pages/Results.aspx?k=2315; La. Civ. Code art. 2323 (comparative fault): https://legis.la.gov/Legis/LawSearch/Pages/Results.aspx?k=2323; Prescription for delictual actions (1 year): https://legis.la.gov/Legis/LawSearch/Pages/Results.aspx?k=3492.
Disclaimer: This article explains general Louisiana legal principles and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Louisiana attorney.
Helpful Hints
- Get medical care immediately and follow up consistently. Delays can weaken proof of causation.
- Be honest with doctors about prior back problems and new symptoms. Accurate records help your claim.
- Gather prior medical records before the accident to show your baseline condition.
- Document the accident scene, vehicles, injuries, and witness information with photos and notes.
- Keep receipts, bills, and pay stubs to prove economic losses.
- Do not give a recorded statement to an insurer without consulting an attorney. Insurers sometimes use statements to minimize liability.
- If the case involves permanent or long-term care, request a life-care plan and vocational assessment to prove future needs and lost earning capacity.
- Watch the one-year prescriptive period for tort claims in Louisiana. Consult an attorney early to preserve your rights.