If you’ve been hurt in an accident and already have a pre-existing medical condition, you might worry that your prior health issues will prevent you from receiving compensation. At Horst Shewmaker, we understand how complex and frustrating this situation can be. The good news is that a pre-existing condition doesn’t disqualify you from filing a personal injury claim in Georgia. However, it can make the process more complicated.
This blog will walk you through what to know about filing a personal injury claim with a pre-existing condition. Our Alpharetta personal injury lawyers are dedicated to helping accident victims in the Atlanta metro area and across Georgia. Contact Horst Shewmaker today for a free case review!
What Are Pre-Existing Conditions?
A pre-existing condition refers to any medical issue or injury you had before the accident. These conditions can range from chronic illnesses like arthritis or diabetes to prior injuries such as back pain or neck strain. For instance, if you’ve been managing degenerative disc disease and are in a car accident that worsens your back pain, your pre-existing condition becomes a key issue in your personal injury claim.
Insurance companies often arguing victims’ health issues stem from the prior condition rather than the accident. However, the law allows you to seek compensation if the accident aggravated your pre-existing condition or caused new injuries.
The “Eggshell Skull” Rule: Protecting Vulnerable Plaintiffs
Georgia law includes what’s known as the “eggshell skull” rule, which protects individuals with pre-existing conditions. This legal principle states that defendants must take plaintiffs as they find them. In other words, if you were more susceptible to injury due to your pre-existing condition, the at-fault party is still liable for the full extent of the harm caused by their negligence.
For example, suppose an accident aggravates an old knee injury. The defendant cannot argue that he/she shouldn’t be held responsible simply because the victim’s condition made them more vulnerable.
How Pre-Existing Conditions Impact Personal Injury Cases
While having a pre-existing condition doesn’t bar you from seeking compensation, it does influence how your claim is handled. Insurance companies often use pre-existing conditions as a tactic to reduce or deny payouts. They may argue that:
- Your injuries were not caused by the accident but were instead due to your prior condition.
- The accident did not significantly worsen your existing condition.
A skilled personal injury lawyer will work to gather clear evidence showing the accident aggravated your condition or caused new injuries.
Filing a Personal Injury Claim With a Pre-Existing Condition
It’s important to gather evidence and work with a skilled lawyer when filing a personal injury claim with a pre-existing condition.
Seek Immediate Medical Attention
Your health should always be your top priority after an accident. Visit a doctor promptly to document any new injuries or worsening of existing conditions. Be honest with your healthcare provider about your medical history so they can accurately assess how the accident has impacted your health.
Medical records play a critical role in proving that the accident aggravated your pre-existing condition. Without proper documentation, insurance companies may argue that there’s no connection between the accident and your current health issues.
Preserve Evidence
Gather as much evidence as possible related to the accident and your injuries. This includes photographs of the scene, witness statements, police reports, and any correspondence with insurance companies. If you’ve had prior medical records detailing your pre-existing condition, ensure these are preserved as well—they’ll help establish a baseline for comparison.
Be Honest About Your Medical History
Tell your attorney and medical professionals about any pre-existing conditions. Attempting to hide prior health issues can backfire if insurance adjusters uncover them during their investigation.
Work with an Experienced Personal Injury Attorney
Navigating a personal injury claim with a pre-existing condition requires skill and knowledge of Georgia law. Insurance companies aim to reduce settlements, but your lawyer will advocate fiercely for your rights.
An experienced attorney will:
- Gather evidence showing how the accident aggravated your condition.
- Consult medical experts who can testify on your behalf.
- Oppose insurance company tactics aimed at minimizing
- Negotiate for a fair settlement and represent you in court if necessary.
At Horst Shewmaker in Alpharetta, we fight to win maximum compensation for accident victims.
Proving an Accident Made Your Pre-Existing Condition Worse
To succeed in your personal injury claim, it’s crucial to demonstrate that the accident either caused new injuries or worsened an existing condition. This involves two key elements:
- Causation: Evidence must show that the defendant’s negligence directly led to the aggravation of your condition.
- Extent of Aggravation: Medical records and expert testimony should clearly outline how much worse your condition became due to the accident.
For example, if you had mild arthritis in one knee before being involved in a slip-and-fall accident that resulted in severe pain and limited mobility, medical documentation comparing X-rays or MRI scans from before and after the incident can show the accident worsened your condition.
Common Challenges with Insurance Companies
Insurance companies are notorious for trying to minimize payouts in personal injury cases involving pre-existing conditions. Some common tactics include:
- Claiming that all symptoms are related solely to the prior condition.
- Arguing the accident didn’t make your injury significantly worse.
- Offering lowball settlements based on partial liability.
To overcome these challenges, it’s essential to have strong legal representation and comprehensive evidence supporting your claim.
Compensation in Personal Injury Claims
You could recover compensation for various damages in a personal injury claim.
- Medical Expenses: Compensation for medical bills from treating aggravated injuries or new injuries caused by the accident.
- Future Medical Costs: If ongoing treatment is required.
- Lost Wages: Compensation for time missed at work due to recovery.
- Pain and Suffering: Damages for physical pain and emotional distress.
Your Alpharetta personal injury attorney will ensure all damages are accounted for in your claim.
The Deadline for Personal Injury Lawsuits in Georgia
In Georgia, there’s typically a two-year statute of limitations for filing personal injury claims. However, waiting too long can weaken your case as evidence becomes harder to gather. If you’ve been injured in an accident and have a pre-existing condition, contact Horst Shewmaker immediately for guidance on the next steps.
Contact Our Alpharetta Personal Injury Lawyers Today
Filing a personal injury claim with a pre-existing condition might seem overwhelming, but you can seek fair compensation if an accident worsens your existing health condition. At Horst Shewmaker, we’re here to help you navigate the legal process.
Our Georgia personal injury lawyers understand how insurance companies operate and know how to counter their tactics effectively. Contact us today for a consultation so we can review your case and fight for the justice and compensation you deserve!