A picture of an Attorney at Saunders & Chabert writing a proposal for Aggravation of a Pre Existing Condition
Author picture

Aggravation of a Pre-Existing Condition

Author: Landyn A. Gautreau

Understanding what you should know before you’re ever in a motor vehicle accident is the only way to navigate the chaos of the first ten minutes after a crash. Most people assume that having an insurance card in the glove box means they are prepared, but insurance is only half the battle.

The actions you take—or fail to take—in the first sixty seconds on the scene can dictate the next two years of your life. In Louisiana, the legal landscape moves fast. Once crews clear the debris, you lose the chance to capture the evidence needed to hold a negligent driver or trucking company accountable. If you prepare now, you prevent a single moment of chaos from turning into a lifetime of financial burden.

The Policy Gap (Why Your Coverage is Probably Incomplete)

One of the most expensive lessons Louisiana drivers learn too late is that “full coverage” is often a myth. While you may have a valid policy, it likely contains a massive gap: Uninsured/Underinsured Motorist (UM/UIM) coverage. In simple terms, UM/UIM is the insurance you buy to protect yourself when the person who hits you doesn’t have sufficient insurance limits to cover your medical bills or vehicle damage.

Many Louisiana drivers carry only the state-mandated minimum liability limits. If one hits you and you lack UM coverage, you pay for their negligence. This gap can leave you owing thousands for medical bills and lost wages. You may pay even when you did nothing wrong.

The Louisiana Department of Insurance (LDI) provides an official “Consumer’s Guide to Auto Insurance” designed to help drivers understand complex policy terms and coverage gaps, including essential UM/UIM options. Utilizing this guide as a checklist for reviewing insurance declarations pages helps drivers ensure adequate protection before an accident occurs. For a direct link, you can review the official resource here: Louisiana Department of Insurance Consumer Guide.

To protect your future, don’t wait until you’re filing a claim to see what’s in your policy. Call your insurance agent today and ask to review your declarations page. Ensuring you have sufficient UM/UIM coverage is the single most important proactive step you can take before a wreck ever happens.

The Digital Witness (Why You Need a Dashcam Now)

In the immediate aftermath of a high-stakes wreck, conflicting statements and inconsistent police reports often bury the truth. To prove fault in a car accident, you need objective, indisputable evidence. A high-quality dashcam gives you that advantage. It’s one of the smartest investments you can make before you leave your driveway. When your dashcam captures the collision, you can eliminate disputes that would otherwise drag your case out for months—or even years.

Dashcam evidence in Louisiana becomes even more important in crashes involving 18-wheelers and commercial vehicles. Trucking companies use advanced data recorders and GPS tracking to protect themselves from the moment of impact. You need your own digital witness to protect your side.

Whether a driver runs a red light or makes an illegal lane change, footage captures the truth in real time. It puts you in control and keeps the facts clear.

Silence is Golden (The Truth About Insurance Adjusters)

Most people learn this lesson too late: the “friendly” insurance adjuster who calls within 24 hours of a wreck is not on your side. Their goal is to protect the company’s bottom line. They often push you into giving a recorded statement before you see a doctor or fully process what happened.

Report the accident to your insurance company. You do not have to give a recorded statement or discuss your current pain. Adjusters use tactics to minimize your injuries or shift blame onto you. Before you speak or sign anything, remember: silence protects you. Let your attorney handle communication to protect your case.

Checklist: The “First 60 Seconds” Prep

    • Physical Insurance Card: Don’t rely on a digital app if your phone is damaged or dead after a crash.

    • The “Scene Sweep” Photos: Take photos of skid marks, street signs, and the position of the vehicles before they are moved.

    • The Police Report: Never leave the scene of a “minor” bump without an official report; hidden damage often appears days later.

Preparation is Your Best Defense

By taking these proactive steps today, you are doing more than just buying insurance or a camera; you are securing your future recovery.

You cannot control when a negligent driver will cross your path, but you can control how prepared you are for the aftermath. From ensuring your policy has sufficient UM/UIM limits to having a digital witness on your dashboard, your preparation is what transforms a chaotic situation into a manageable legal case.

Don’t Wait Until the Evidence Disappears

If you have been involved in a wreck, or if you want a professional review of your current auto policy to ensure you are truly protected, the team at Saunders & Chabert is here to help. We don’t just take your case; we do the groundwork ourselves to ensure no detail is overlooked.

Protect your rights before the clock runs out. Contact Saunders & Chabert today for a free consultation at (225) 771-8100 or visit us online to learn more about our “No Hand-Off” approach.

Author: Landyn A. Gautreau

Understanding what you should know before you’re ever in a motor vehicle accident is the only way to navigate the chaos of the first ten minutes after a crash. Most people assume that having an insurance card in the glove box means they are prepared, but insurance is only half the battle.

The actions you take—or fail to take—in the first sixty seconds on the scene can dictate the next two years of your life. In Louisiana, the legal landscape moves fast. Once the debris is cleared, it is often too late to capture the evidence needed to hold a negligent driver or a trucking corporation accountable. By arming yourself with a strategy now, you ensure that a single moment of chaos doesn’t result in a lifetime of financial burden.

The Policy Gap (Why Your Coverage is Probably Incomplete)

One of the most expensive lessons Louisiana drivers learn too late is that “full coverage” is often a myth. While you may have a valid policy, it likely contains a massive gap: Uninsured/Underinsured Motorist (UM/UIM) coverage. In simple terms, UM/UIM is the insurance you buy to protect yourself when the person who hits you doesn’t have sufficient insurance limits to cover your medical bills or vehicle damage.

The “too late” reality in Louisiana is that many drivers carry only the state-mandated minimum liability limits. If you are involved in a wreck with one of these drivers and you don’t have UM coverage, you are essentially forced to pay for their negligence out of your own pocket. This gap can leave you responsible for thousands of dollars in hospital stays and lost wages, even when you did nothing wrong.

To protect your future, don’t wait until you’re filing a claim to see what’s in your policy. Call your insurance agent today and ask to review your declarations page. Ensuring you have sufficient UM/UIM coverage is the single most important proactive step you can take before a wreck ever happens.

The Digital Witness (Why You Need a Dashcam Now)

In the immediate aftermath of a high-stakes wreck, the truth often gets buried under “he-said, she-said” arguments and conflicting police reports. One of the most effective ways to ensure proving fault in a car accident is through objective, indisputable evidence. This is why a high-quality dashcam is the single best investment you can make before you ever leave your driveway. When there is video footage of the collision, the disputes that usually drag a case out for months—or years—can vanish in an instant.

Dashcam evidence in Louisiana is particularly critical in cases involving 18-wheelers and commercial vehicles. Large trucking companies are equipped with their own sophisticated data recorders and GPS tracking designed to protect their interests from the moment an impact is detected. To level the playing field, you need your own “digital witness.” Whether it’s an illegal lane change or a blown red light, having the footage ensures that the facts speak louder than any corporate legal team. 

Silence is Golden (The Truth About Insurance Adjusters)

Another lesson most people learn too late is that the “friendly” insurance adjuster calling 24 hours after a wreck is not on your side. Their primary goal is to minimize the company’s financial exposure, often by tricking you into a recorded statement before you’ve even seen a doctor or processed the trauma of the event.

You have a contractual duty to report the accident to your own insurance company, but you are under no obligation to provide a recorded play-by-play of the crash or the “current” status of your pain. Adjusters are trained to lead you into statements that minimize your injuries or suggest you were partially at fault. Before you provide any official statement or sign a release, remember: silence is your strongest legal protection. Let your attorney handle the communication so that your words aren’t used against your own recovery.

Checklist: The “First 60 Seconds” Prep

    • Physical Insurance Card: Don’t rely on a digital app if your phone is damaged or dead after a crash.

    • The “Scene Sweep” Photos: Take photos of skid marks, street signs, and the position of the vehicles before they are moved.

    • The Police Report: Never leave the scene of a “minor” bump without an official report; hidden damage often appears days later.

Preparation is Your Best Defense

By taking these proactive steps today, you are doing more than just buying insurance or a camera; you are securing your future recovery.

You cannot control when a negligent driver will cross your path, but you can control how prepared you are for the aftermath. From ensuring your policy has sufficient UM/UIM limits to having a digital witness on your dashboard, your preparation is what transforms a chaotic situation into a manageable legal case.

Don’t Wait Until the Evidence Disappears

If you have been involved in a wreck, or if you want a professional review of your current auto policy to ensure you are truly protected, the team at Saunders & Chabert is here to help. We don’t just take your case; we do the groundwork ourselves to ensure no detail is overlooked.

Protect your rights before the clock runs out. Contact Saunders & Chabert today for a free consultation at (225) 771-8100 or visit us online to learn more about our “No Hand-Off” approach.

Author: Henri M Saunders

We often talk to clients who have been injured in an accident or at work but think they’re not entitled to compensation because of a pre-existing condition. The good news is that this simply isn’t true. We regularly help clients recover damages for injuries incurred in accidents or at work that aggravated a pre-existing injury or condition. 

These cases can be more complicated, but individuals need to know they still could be entitled to compensation. Here’s a brief overview of how these cases work and things you should know if you’ve had an existing condition aggravated. 

Workers Compensation Claims for Pre-Existing Conditions

We regularly get questions about whether clients are entitled to workers’ compensation benefits when a pre-existing injury is aggravated. Simply put, if your work or a workplace injury significantly made your injury worse, you may be entitled to compensation.

Signs of “significant aggravation” include the need for medical treatment, missed work, and work restrictions. In these situations, employees can be entitled to payment for medical expenses, physical therapy, new prescriptions, or even adaptive devices. 

The Difference Between Exacerbating & Aggravating an Injury 

When dealing with pre-existing conditions in the workers’ compensation context, it’s important to note the distinction between “exacerbating” an injury and “aggravating” an injury. People often mix up these words, but legally, they mean different things.

When you exacerbate an injury, it means that it’s temporarily worsened but will return to the previous condition. In contrast, when you aggravate a pre-existing condition you make it permanently worse. This distinction is crucial in cases dealing with pre-existing conditions, and recovery is much more likely for workers who have aggravated, rather than exacerbated, a pre-existing condition. 

Common Pre-Existing Conditions in Workers Comp Claims

In these situations, we often see injuries like arthritis, heart disease, herniated discs, mental health disorders, high blood pressure, and joint issues. These are pre-existing conditions that are commonly aggravated by workplace accidents or activities and that regularly result in workers’ compensation claims. 

Personal Injury Claims When There Are Pre-Existing Conditions

Similarly, you can be entitled to damages for aggravation of pre-existing conditions in personal injury cases. The general idea here is that a defendant is still responsible for their negligence even if you had a pre-existing condition. 

In these cases, our law holds that the responsible party must compensate the injured party for the degree that the condition was aggravated. Put simply, the person who caused the injury “takes their victim as they found them,” and the victim is entitled to be compensated to the full extent of his/her aggravation. Even if a pre-existing condition made the individual more prone to injury, the defendant is still responsible for that aggravation. 

These cases are tricky because we need to show how the injury got worse after the accident. We usually use medical records, work history, and what witnesses saw to prove how the injury affected our client’s life.

If you are ever involved in an accident that aggravates a pre–existing condition, it’s important to promptly seek medical attention. Not only will this help ensure you get needed care and the best possible outcome, but it will provide important documentation of your injuries. 

Common Types of Aggravation in Personal Injury Cases 

Some of the most common types of pre-existing conditions that are aggravated in personal injury cases include neck and back pain, knee injuries, shoulder injuries, arthritis, herniated discs, traumatic brain injuries, prior head injuries, and degenerative disc disease. 

Contact the Saunders & Chabert Team 

Cases involving aggravation of pre-existing conditions are not simple, but our team understands how to deal with these issues and ensure that responsible parties and insurance companies pay the benefits that our clients are owed. Our team knows how to present evidence to show the impact of the aggravated injury and get the best result for our clients. 

If your existing health problem got worse at work or in an accident, give us a call. We’ll talk for free and guide you on what to do next. We’ll give you a free consultation and provide you with our advice for the next steps. Call today at (225) 771-8100 or schedule your free consultation online. 

Share this post

Free Consultation

No Fee Unless We Win

To schedule a free consultation with our personal injury lawyers, call 225-771-8100 or fill out the contact form.

Saunders & Chabert Office

6525 Perkins Road

Baton Rouge, LA 70808

Map & Directions

Toll-Free: 888-815-1974

Phone: 225-771-8100

Fax: 225-771-8100

Contact Saunders & Chabert

We’re Here to Help You

At the law office of Saunders & Chabert in Baton Rouge, Louisiana, our personal injury lawyers are committed to seeking justice for those who are seriously injured due to the negligence and recklessness of others. With extensive experience, along with unyielding determination, our attorneys never back down from any challenge. We want to protect your rights and help you get the financial compensation you deserve after an accident.

We welcome you to stop by our office located across the street from the Pennington Biomedical Research Center.