Articles Tagged with damages

A recent Louisiana Court of Appeal case sheds light on the complexities of personal injury claims following car accidents, particularly when pre-existing conditions are involved. In the case of Lewis v. Fowler, the plaintiffs were involved in a minor accident and subsequently claimed significant damages for aggravated chronic pain. However, the court ultimately ruled that their pre-existing conditions were not substantially worsened by the accident and that they had been adequately compensated by the initial settlement from the at-fault driver’s insurance. This decision highlights the importance of establishing a clear causal link between the accident and any claimed aggravation of pre-existing conditions and the challenges plaintiffs face in proving damages when their medical history is complex.

Walter and Beverly Lewis were rear-ended at a stoplight. While the accident was minor, with no damage to the other vehicle and only slight damage to their own, the Lewises claimed the accident aggravated their pre-existing back and neck pain. They initially settled with the at-fault driver’s insurance company but then filed a claim against their uninsured/underinsured motorist (UM) carrier, State Farm, alleging their damages exceeded the initial settlement.

The trial court ruled in favor of State Farm, finding that the Lewises failed to prove their chronic pain was aggravated by the accident beyond a brief period. It determined that the initial settlement adequately compensated for any injuries or aggravations caused by the accident.