Understanding Pre-existing Conditions in Georgia Personal Injury Cases

When you suffer an injury in an accident, dealing with the legal process can feel overwhelming. This challenge grows if you have a pre-existing condition that might affect your claim. Many people wonder how their prior health issues influence personal injury cases in Georgia. This post explains what happens when a pre-existing condition is involved, how it affects compensation, and what you should know to protect your rights.

Medical file and stethoscope on desk

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What Is a Pre-existing Condition in Personal Injury Cases?

A pre-existing condition refers to any injury, illness, or health problem that existed before the accident that caused your current injury. Examples include:

• Chronic back pain from a previous injury

• Arthritis or joint problems

• Old fractures or surgeries

• Mental health conditions like anxiety or depression

  
  

These conditions can complicate personal injury claims because insurance companies or defense lawyers may argue that your current symptoms are due to the old condition, not the accident.

How Georgia Law Treats Pre-existing Conditions

Georgia follows the "eggshell plaintiff" rule in personal injury law. This rule means that a defendant must take the injured person as they find them. If you have a pre-existing condition that makes you more vulnerable to injury, the defendant is still responsible for the full extent of your damages caused by the accident.

For example, if a minor car accident worsens a previous back injury, the at-fault party must pay for the increased harm, even if a healthy person would have suffered less.

Proving the Impact of a Pre-existing Condition

The key challenge is showing how much of your injury is new and caused by the accident, versus what existed before. This often requires:

• Medical records documenting your condition before the accident

• Expert testimony from doctors explaining how the accident aggravated your condition

• Clear evidence of new symptoms or increased severity after the accident

  
  

Without this proof, insurance companies may reduce your compensation or deny the claim.

Examples of Pre-existing Conditions Affecting Claims

Example 1: Worsened Back Injury

Jane had a herniated disc before a car crash. After the accident, her pain increased significantly, and she needed surgery. Her attorney used medical records and expert opinions to show the accident worsened her condition. The court awarded damages covering surgery, therapy, and lost wages.

Example 2: Old Knee Injury

Mark had a knee injury from years ago but was managing it well. After a slip and fall, his knee became unstable, requiring additional treatment. The defense argued the injury was old, but the court ruled the fall caused new damage, so Mark received compensation for the new treatment.

What This Means for Your Case

If you have a pre-existing condition, do not assume it will prevent you from recovering damages. Instead:

• Be honest with your attorney about your medical history

• Gather all relevant medical records before and after the accident

• Seek medical treatment promptly to document your injuries

• Work with medical experts who can explain how the accident affected your condition

  
  

Your attorney can help build a strong case showing the accident caused new harm or worsened your condition.

Tips for Handling Insurance Adjusters

Insurance companies may try to use your pre-existing condition to lower your settlement offer. They might say:

• Your injury is not related to the accident

• Your condition was already disabling

• You are exaggerating symptoms

  
  

Stay firm and provide clear medical evidence. Avoid giving recorded statements without your lawyer’s advice. Insurance adjusters often look for inconsistencies to reduce payouts.

When to Consult a Georgia Personal Injury Lawyer

Cases involving pre-existing conditions can be complex. A skilled personal injury lawyer in Georgia can:

• Review your medical history and accident details

• Help gather evidence to prove the accident worsened your condition

• Negotiate with insurance companies on your behalf

• Represent you in court if needed

  
  

Getting legal advice early improves your chances of fair compensation.