I was in a car accident about two months ago that left me with knee pain. My MRI showed that I have stage 3 chrondromalasia patella. I'm 30 years old, and prior to the accident had no knee pain. Can this be proven to be caused from my accident?
Answer
Possibly. There is a premise in Louisiana law that when a person was pain free prior to an accident and experiences pain immediately after an accident that continues after the accident, the court will presume that the accident caused the injury. That presumption, however, can be rebutted if the defendant can show another reasonable explanation for the injury.
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