How Your Personal Injury Claim In Georgia Can Be Affected By Pre-Existing Conditions

In this article, you can discover…

• How pre-existing conditions can impact your personal injury case in Georgia.
• Why it is crucial to tell your attorney about any past injuries.
• How your attorney can help you navigate your claim in light of past injuries.

How Are Pre-Existing Conditions Defined In A Georgia Personal Injury Lawsuit?

A pre-existing condition can be any injury, illness, or medical issue that you had prior to your accident. Some of these conditions could include old back injuries, arthritis, or prior surgeries. In Georgia, these conditions don’t disqualify you from making a claim, but they do play a role in how your case will ultimately be evaluated. It is important that we focus on how the new accident aggravated or worsened those pre-existing conditions.

How Might An Old Injury Impact My Personal Injury Claim?

While an old injury may change the ultimate trajectory of your case, this does not necessarily mean that your chances with a new personal injury claim are ruined. Insurance companies love to argue that your problems were already there, but Georgia law also recognizes that a new accident can certainly aggravate a prior condition. We often prove that while an injury may have already existed, the accident in question brought new pain, new treatment, and new limitations.

How Does Georgia Law Handle The Worsening Of Pre-Existing Conditions After An Accident?

Georgia follows the “eggshell plaintiff” rule, meaning that the defendant must take you as they find you. In other words, if a car wreck aggravated your bad knee and made it worse or turned a manageable neck injury into a serious problem, the law allows you to recover for the worsening of that injury, not just the injury itself.

Attorney Richard Hobbs is a seasoned lawyer based in Fayetteville, GA who has helped countless clients just like you navigate the intricacies of personal injury law. With decades of relevant experience, he is prepared to assist you in maximizing your settlement so that you can move forward and get back to your life.

Still have questions? Ready to get started? Contact Richard D. Hobbs & Associates, P.C. today to schedule an initial consultation.

Please Call For A Free Consultation (770) 716-0200

Why Is It Important To Tell My Attorney About Past Injuries?

It is crucial that you tell your attorney about any pre-existing injuries, as surprises can hurt your case. It is also inevitable that insurance companies will find your medical history anyway, so being upfront about your injuries allows us to prepare and focus on what changed as a result of the accident. Typically, juries will reward truthfulness.

How My Firm Handles Cases Where Pre-Existing Conditions Are Used Against A Client

This is a common occurrence. I had a client with a long history of back pain prior to her accident. The defense looked to paint it as “the same pain”, but we were able to work closely with doctors to show that her pain had significantly worsened after the accident, and she now required new treatment. Ultimately, we secured a solid settlement to reflect her life changes.

Still Have Questions? Ready To Get Started?

For more information on Pre-Existing Conditions In Georgia Personal Injury Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 716-0200 today.