People often hesitate to pursue an injury claim because they already had medical issues before the accident. It is common to worry that an insurance company will blame everything on a prior condition or argue that the crash did not worsen the situation. The truth is very different.
Georgia law protects individuals whose health has declined due to the negligence of another person. In many cases, a pre-existing condition can strengthen your injury claim rather than harm it.
When you begin this process at the Pendergrass Law Firm, our personal injury attorneys help clarify how Georgia law applies and how your medical history can support your right to compensation. Accidents rarely happen to people in perfect health. Instead of ignoring this reality, Georgia law ensures that individuals who suffer aggravated injuries can still hold the at-fault party responsible.
Pre-Existing Conditions Do Not Prevent Recovery in Georgia
Insurance companies often claim that a victim’s pain comes from degenerative issues, previous injuries, or age-related changes rather than the accident. This is a common tactic our personal injury lawyers see, aimed at reducing payouts.
However, Georgia law holds negligent drivers and companies responsible when their actions worsen a person’s existing condition. Under O.C.G.A. § 51-12-4, an injured person may recover damages for harm caused by another’s negligence. This includes the difference between a victim’s condition before the accident and their condition afterward.
That means you may recover compensation for:
- New symptoms caused by the accident
- Flare-ups of an inactive or mild condition
- Accelerated progression of a medical issue
- Increased pain, disability, or medical needs
Your pre-existing condition does not eliminate your claim. Instead, it establishes a baseline that can help show how the accident changed your health, and our lawyers can provide evidence to prove this.
The Eggshell Plaintiff Rule Protects Georgia Injury Victims
Georgia recognizes the long-standing legal doctrine known as the eggshell plaintiff rule. This doctrine requires the at-fault party to take the victim “as they find them.” If you were more medically vulnerable than an average person, the negligent party does not get to avoid responsibility simply because you were more easily injured.
For example:
- A person with degenerative disc disease may suffer a major herniation in a low-speed crash
- Someone with osteoporosis may experience a fracture that another person might have avoided
- A person with a prior concussion may experience longer and more severe post-concussive symptoms
Georgia courts allow injured people to recover for all physical and emotional consequences of the accident, even if the victim’s prior condition made the harm worse.
Pre-Existing Conditions Can Make It Easier to Prove the Accident Caused Worsening Symptoms
Many people assume a pre-existing injury makes their case more challenging to prove. In reality, it often provides stronger documentation showing exactly how the accident affected them.
When your medical records clearly describe your health before the crash, your doctors can compare that history to your post-accident condition. This often creates robust evidence, such as:
- New imaging findings that were not present before
- Increased levels of pain
- Reduced mobility or new functional limitations
- A sudden need for injections, medications, or surgery
- A significant increase in medical visits or therapy
Because insurers cannot deny what is already documented in your medical history, proving aggravation may be more straightforward than proving a brand-new injury. However, having the right injury lawyer is still important, even if a case seems straightforward.
You Can Recover Damages for the Aggravated Portion of the Injury
Georgia law focuses on the harm caused by the negligent party. That means you can recover damages for the aggravation of your condition, not just brand-new injuries.
Compensation may include:
- Medical bills for treatment needed because of the aggravation
- Future medical needs caused by the worsening condition
- Lost income or reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent impairment
Your claim does not ask the at-fault party to pay for the condition as it existed before the crash. Instead, it asks them to pay for how the collision worsened your health.
Insurance Companies Often Misuse Pre-Existing Conditions — But This Can Backfire
Insurance companies frequently use pre-existing conditions to attempt to reduce or deny claims. You may hear statements such as:
- “Your pain is from arthritis, not the accident”
- “Your back problems existed long before the crash"
- “Your imaging results match your old records"
These statements are designed to discourage victims from pursuing compensation. However, this tactic often collapses when examined closely. If you had stable or mild symptoms before and significant new symptoms afterward, that change is compelling evidence that our injury attorneys can present that the accident caused harm.
In many Georgia cases, the presence of a pre-existing condition actually highlights the impact of the accident by demonstrating:
- An obvious difference in your functional ability
- Measurable changes in scans or tests
- New physical limitations
- Increased medical costs
- Higher levels of pain
When properly documented, these changes strengthen your claim and undermine the insurer’s argument.
Being Honest About Prior Conditions Strengthens Your Claim
Some victims worry that disclosing a past injury will harm their case. In reality, honesty is essential.
Georgia injury cases rely heavily on medical records. Insurance companies will obtain those records during the claims process, so hiding a previous condition is never helpful. Instead, transparency offers several advantages:
- Your credibility remains intact
- Your physicians can accurately describe what changed
- The difference between before and after the accident becomes clear
- Insurance companies cannot claim you misled them
Being open about your medical history, with both your injury lawyer and insurers, helps build a stronger, more defensible case.
Accident-Related Aggravation Can Be More Serious Than a New Injury
A pre-existing condition can make someone more vulnerable to trauma. Even a moderate wreck may produce far more serious consequences for a person with:
- Prior neck or back injuries
- Chronic joint problems
- Past fractures
- A history of concussions
- Degenerative disc disease
These cases are common in Georgia. Medical experts understand that a weakened or compromised area of the body is more likely to suffer severe damage in a crash. This relationship between vulnerability and outcome is recognized under Georgia’s eggshell plaintiff rule, reinforcing the victim’s right to compensation.
How Pre-Accident Medical Records Strengthen Your Case
Accurate medical records create a clear timeline showing your health before and after the accident. These records help physicians, adjusters, and juries understand:
- The level of symptoms you had before the crash
- What treatments were needed at that time
- Whether your condition was stable
- The moment your symptoms worsened
- How your functionality changed afterward
When imaging studies or treatment notes clearly show increased severity, the insurer’s attempt to blame everything on prior problems becomes much less effective.
Pre-Existing Mental Health Conditions Can Also Be Aggravated
Accidents often cause emotional trauma, and Georgia law allows compensation when a crash worsens an existing psychological condition. This includes aggravation of:
- Anxiety
- Depression
- PTSD
- Chronic stress
- Sleep disorders.
If the accident triggered panic attacks, nightmares, difficulty functioning, or increased symptoms, the negligent party may be responsible for these effects. Mental health records help demonstrate this change.
Pre-Existing Conditions Should Never Stop You From Calling an Injury Lawyer and Filing a Claim
Insurance companies may try to use a person’s medical history against them, but Georgia law is clear: if a negligent driver worsened your condition, you are entitled to pursue compensation. Your medical past does not weaken your case. It often provides the clearest evidence of how the accident changed your life.
If your condition worsened after a crash, lengthened your recovery, caused new complications, or increased your pain, you have the right to hold the responsible party accountable.
If you believe your pre-existing condition was aggravated in an accident, our personal injury attorneys at Turnbull, Moak & Pendergrass are ready to help you pursue the compensation you deserve. To schedule a confidential consultation, contact us online today.
