If you’ve been injured in an accident, one of the questions that you may have is how a later accident will impact your case.
The short answer is: it depends.
Subsequent Accidents and Louisiana Personal Injury Cases
The insurance company and their lawyers will undoubtedly say that your subsequent accidents cut off their responsibility for your injuries. This is called an “intervening cause” under the law. As a result, they will typically argue that any medical treatment you receive, any pain and suffering you endure, and any other damages you incur after the later accident are unrelated to the injury you suffered in your case.
Depending on the facts of a case, they can sometimes be right. But that’s not always true.
For example, if you suffer a neck injury in a car accident but then injure your lower back in a later accident, the continued treatment you receive for your neck would likely be unrelated to the second accident. The insurance company will argue that the two are related, but your account of the accident, especially when combined with testimony from your doctors, can easily show that they are wrong.
On the other hand, if you injure the same body part, it may be tough to show that the continued care is unrelated to the prior accident. But it does not automatically mean that your damages will be cut off at that point. It may be the second accident was minor and didn’t cause you any issues. Again, medical testimony is the key.
As you can see, the effect of a subsequent accident will turn on the facts and circumstances of your particular case. There is no bright line rule, and it will be up to you and your lawyer to figure out how best to address the later accident. This provides yet another reason why you shouldn’t try to handle an injury claim on your own and should get an attorney involved as early as possible.
Call a New Orleans Car Accident Lawyer
If you’ve been injured in a car accident, truck accident, offshore accident, or other type of accident, The Mahone Firm can help. Call (504) 564-7342 for a free and confidential consultation with an injury attorney today.