Proving that a crash — not something else — caused your injury is often the hardest part of a case. Louisiana’s Housley presumption, now codified, eases that burden when the timeline lines up.
The three elements
The presumption applies when:
- the plaintiff was in good health before the accident;
- the symptoms of the disabling condition appeared after the accident and continuously manifested afterward; and
- medical or other evidence shows a reasonable possibility of a causal connection between the accident and the condition.
When all three are met, causation is presumed and the burden shifts to the defendant. The presumption is reflected in La. Code Evid. art. 306.1, added by Act 18 of the 2025 Regular Session.
How the defense fights it
Defendants attack each element — prior injuries, pre-existing conditions, gaps in treatment, or an alternative cause. Consistent medical treatment and an honest history are what keep the presumption intact.
A Louisiana injury lawyer builds the medical record so the presumption applies and holds.