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When you’re involved in a car accident in Georgia, the situation is already stressful. Medical bills start piling up, insurance adjusters begin asking questions, and you might be left unable to work while trying to heal from your injuries. For those with preexisting medical conditions—whether it’s an old back injury, arthritis, or a prior surgery—the legal and medical complexities become even greater.
One of the most important things to understand is how preexisting conditions impact personal injury claims in Georgia. These conditions can affect liability, compensation, and the overall outcome of a case. Here’s how it works and what accident victims need to know.
A preexisting condition is any medical condition or injury you had before the accident. These can include:
Chronic pain conditions (e.g., fibromyalgia)
Previous back, neck, or joint injuries
Herniated discs
Degenerative disc disease
Arthritis
Old fractures or surgeries
Mental health conditions such as PTSD or anxiety
Having these conditions doesn’t mean you’re not entitled to compensation after an accident. In fact, under Georgia law, if an accident aggravates a preexisting condition, the injured person can still recover damages.
Georgia follows what’s called the “eggshell plaintiff” rule, a legal principle stating that a defendant must take the plaintiff as they find them. In simple terms, if someone has a fragile condition and is more easily injured than a healthy person, the at-fault driver is still liable for all resulting injuries—even if the same accident wouldn’t have seriously injured someone else.
For example, if you have a previous neck injury that flares up or worsens after a crash, the at-fault driver can be held responsible for the full extent of your worsened condition, not just what a “normal” person might have suffered.
This is where things can get complicated. Insurance companies love to point the finger at preexisting conditions to minimize their liability. They may claim:
Your injuries weren’t caused by the accident.
You were already hurt before the crash.
You’re exaggerating your pain for a bigger settlement.
To combat this, strong medical evidence is essential. A skilled personal injury attorney in Georgia will often work with your doctors and specialists to:
Compare pre- and post-accident medical records
Obtain imaging studies (MRI, X-rays) showing changes
Gather expert opinions from physicians on causation and aggravation
Secure testimony explaining how the accident worsened your condition
It’s not uncommon for a doctor to provide a written opinion stating, for instance, “While the patient had chronic back pain before the crash, the current symptoms and MRI findings are consistent with a significant aggravation due to the collision.”
Georgia courts allow recovery for:
New injuries caused by the accident
Aggravation of preexisting injuries or conditions
However, compensation can be limited if:
The preexisting condition was severe and unchanged by the accident
There’s no clear evidence linking the worsening to the crash
The plaintiff fails to follow up with proper treatment or documentation
This means the burden of proof falls on the injured party to demonstrate how the accident made their condition worse.
Insurance adjusters and defense attorneys often use several strategies to deny or reduce claims involving preexisting conditions:
Requesting old medical records to find unrelated injuries or symptoms
Arguing that pain levels haven’t changed since before the crash
Hiring their own medical experts to dispute your doctor’s findings
Using social media posts to claim you’re not really hurt
In some cases, they may even offer lowball settlements hoping the victim will be too intimidated or tired to fight. That’s why having an experienced personal injury attorney is crucial—they know how to counter these tactics effectively.
If you’ve been in a Georgia car accident and you have a preexisting condition, here are steps to strengthen your case:
Disclose all past injuries to your attorney and doctor. Full honesty helps build a solid case and prevents surprises later.
Get prompt medical treatment. Delays in care can give the impression your injuries aren’t serious or weren’t caused by the accident.
Follow up with your doctors. Continue care and keep appointments—this builds a medical timeline that shows worsening symptoms.
Avoid discussing your case online. Social media posts can be twisted to suggest you’re healthier than you are.
Document your pain and limitations. Journals, photos, and day-to-day notes can help show how your life has changed since the accident.
Even if you have a complex medical history, you can still recover damages for:
Medical expenses (past and future)
Lost wages or reduced earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life
The key is to show a causal connection between the accident and the worsening of your condition. If you were relatively stable or symptom-free before the crash but now face greater pain, limited mobility, or need surgery, you may be entitled to substantial compensation.
Having a preexisting condition doesn’t disqualify you from recovering damages after a car accident in Georgia. In fact, the law recognizes that injuries affect different people in different ways—and if someone else’s negligence makes your existing condition worse, they can still be held fully responsible.
Still, these cases often require more effort, more documentation, and more legal skill. That’s why it’s crucial to work with an attorney who understands both Georgia’s personal injury laws and the nuances of dealing with complex medical histories.
If you or someone you love has been injured in a car accident and has a preexisting condition, don’t assume the deck is stacked against you. With the right legal help, you can pursue the compensation you need—and deserve—to recover and move forward.
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