Not all injuries sustained in car accidents, slip-and-fall cases, or pedestrian accidents are entirely new. Sometimes, the injuries you sustain make an already present injury or health condition worse. When this happens, many people fear that they won’t be able to win an injury case. But that’s not necessarily true.
In this post, we’ll discuss how you can file a personal injury claim with a pre-existing condition and get justice for the aggravation of such injuries.
What Is A Pre-Existing Condition?
Pre-existing conditions play an important but frequently misunderstood role in personal injury claims.
The Eggshell Skull Rule
Like most jurisdictions, Georgia follows the principle that defendants must "take their victims as they find them." This means if you already have a weakened spine, bad knees, or any other pre-existing medical condition, the person or entity who injured you is still responsible for the full extent of harm caused, even if a healthier person would have suffered less severe injuries from the same accident.
Let’s look at a hypothetical example of the eggshell plaintiff rule:
Sarah had been managing her osteoporosis for years with medication, maintaining her independence, and working part-time at a bookstore. One afternoon, a shopper carrying a load of heavy books bumped into her. With most people, this incident wouldn’t have caused anything worse than a bruise. However, due to Sarah's vulnerable state, the impact caused multiple fractures in her hip and spine. After a medical examination, her doctors concluded that she needed to undergo surgery, do months of physical therapy, and take an early retirement.
Under the eggshell skull rule, the shopper who caused the collision remains liable for all of Sarah's injuries and resulting damages, even though the same bump would have caused minimal or no injury to someone else. The law doesn't reduce the shopper's responsibility simply because Sarah was more vulnerable than an average person: they must accept the consequences of injuring the person they actually harmed, fragile bones and all.
Aggravation vs. New Injury
The key distinction is between:
- A completely new injury caused by the accident
- An aggravation or worsening of a pre-existing condition
Both are compensable in a personal injury claim, but proving aggravation requires showing that the accident made the pre-existing condition worse than it would have been otherwise. Insurance companies are always on the alert for opportunities to reduce or deny compensation, so it’s important to be thorough.
Common Challenges
Insurance companies frequently use pre-existing conditions to minimize payouts, arguing that your current symptoms stem from the old condition rather than the new accident. For example, insurance adjusters may claim you're exaggerating or that your medical expenses relate to pre-existing issues. This is why thorough documentation is so important: you need clear medical evidence distinguishing new or worsened symptoms from baseline conditions.
Can A Pre-Existing Condition Affect Your Personal Injury Claim?
There are several tactics an experienced personal injury attorney will use to go about proving the aggravation of an existing injury. Before we elaborate on what they are, though, it needs to be said that the best thing you can do to ensure the success of your case is to be honest with your attorney about any pre-existing injuries. After all, if you don’t make your lawyer aware of these conditions, they won’t be able to accurately represent your case.
A common misconception many plaintiffs have is that if they admit to a pre-existing condition, they won’t be able to claim damages. Not only is this not true, but if you attempt to hide information about previous injuries or health problems, the defense could uncover these in discovery and bring them up at trial, which would seriously hurt your credibility with any jury. It’s better to be fully open and honest with your personal injury attorney at the start so they can accurately represent you and your medical history in your case.
If you are upfront and fully disclose all of your prior health problems, your personal injury lawyer can use a number of strategies to prove the aggravation of your pre-existing condition, such as:
- Showing imaging studies of the injury prior to the accident (previous X-rays, CT scans, MRIs, etc.) and comparing them to updated studies to show the injury was made worse.
- Presenting medical records before and after the injury was aggravated to show the change in condition.
- Interviewing and presenting expert testimony from medical professionals.
- Interviewing and presenting testimony from witnesses to the pre-existing condition and aggravation of the condition, such as friends and family members who saw your condition worsen after the incident.
- Showing evidence that you engaged in activities before the accident that you are no longer able to do, including photographs, diaries, or witness testimony.
In short, proving the aggravation of a pre-existing condition can require additional steps by your attorney, but holding the negligent party accountable can be done if you have the right attorney on your side.
Can You Recover Damages For A Preexisting Condition?
In Georgia, you can recover damages for both the aggravation of a pre-existing condition and any new injuries caused by an accident.
- Medical Expenses For Aggravation: You can recover costs for all additional medical treatment required. This includes emergency care, surgeries, physical therapy, medications, and any future medical needs that wouldn't have been necessary if the accident hadn't occurred. The key is showing that these expenses exceed what you would have incurred for your pre-existing condition alone.
- Lost Wages And Earning Capacity: If the aggravation of your condition prevents you from working or reduces your ability to earn income, you may be entitled to compensation for those losses. This applies even if you were already experiencing some work limitations from your pre-existing condition. Future earning capacity damages are also available if your ability to work long-term has been diminished.
- Pain and Suffering: Georgia allows recovery for the increased pain and suffering caused by the aggravation of your pre-existing condition. This includes both the immediate pain from the incident and the ongoing discomfort and emotional trauma from your worsened condition.
- Loss of Quality of Life: You can seek damages for activities you can no longer enjoy or perform due to the aggravation. For example, if you were managing your back problems before the car accident but now can’t walk without assistance, it’s a compensable loss.
- Property Damage: If the accident also damaged your vehicle or other property, you can recover the repair or replacement costs. These damages are straightforward and don't depend on your medical history, though they're part of your total recovery from the incident.
- Punitive Damages In Certain Cases: When the defendant's conduct was particularly reckless or malicious, Georgia law allows for punitive damages intended to punish the wrongdoer and deter similar behavior. These are available regardless of pre-existing conditions, though they're awarded only in cases involving gross negligence or intentional harm.
How To Win A Personal Injury Case With A Pre-Existing Condition
Winning a personal injury case when you have a pre-existing condition is entirely possible. The key is demonstrating that the accident aggravated or worsened your existing condition, or caused entirely new injuries. Here’s what you need to do:
- Obtain Complete Medical Records: Gather all medical treatment records that document your pre-existing condition. This establishes what symptoms, limitations, and treatment you had before the injury. These records can serve as proof that the accident either caused deterioration or new problems beyond what you were already managing.
- Get Immediate Medical Attention: Seek medical care right after the accident and explain both your new symptoms and your pre-existing condition to your healthcare provider. Prompt treatment can connect your worsened state to the accident. Delays in seeking care, on the other hand, allow insurance companies to argue that your condition deteriorated naturally rather than due to the incident.
- Secure Expert Medical Testimony: Work with medical experts who can review your medical history and testify how the accident worsened your condition. These doctors can distinguish between the natural progression of your pre-existing issue and the additional injury caused by the accident.
- Document Everything After The Accident: Keep detailed records of all new medical issues, increased pain levels, additional treatments, and how your daily life has been affected since the accident. Photos, journals, and witness statements all help establish that your condition has deteriorated.
- Show Comparative Functionality: Demonstrate what you could do before the accident versus what you can do now. If you were managing your pre-existing back problem and working full-time, but now can’t work due to the aggravation, the comparison can be powerful evidence. Employment records, activity logs, and testimony from friends or family can all illustrate this decline for your insurance claim.
- Calculate Incremental Damages: Your compensation for medical bills, lost wages, pain and suffering, emotional distress, and other damages should reflect only the additional harm caused by the accident, not your pre-existing condition. This means calculating the difference between your previous medical costs and limitations versus your current situation.
As we explained earlier, pre-existing conditions don't disqualify you from recovering damages; you simply need proof that the accident put you in an even worse position. With honest disclosure, thorough medical documentation, and clear evidence showing how your life changed after the incident, you can successfully demonstrate that you deserve compensation for the aggravation of your condition.
Speak to an Atlanta Personal Injury Lawyer Today
If you’ve been injured due to someone else’s actions and are worried a pre-existing condition could negatively affect your case, reach out to The Champion Firm, Personal Injury Attorneys, P.C. today. Our award-winning team of attorneys will help you get the full amount of compensation for your case by specifically addressing the pre-existing condition that the at-fault party aggravated.
All initial consultations are free and convenient for you: we are open 24/7, and you can reach us by calling the number, filling out the form, or using the website chat box on our contact page. We also operate on a contingency fee basis, which means you pay no up-front costs nor anything at all until we win your case for you. If, for some reason, we aren’t successful, you don’t pay us anything. Don’t wait any longer. Contact our personal injury law firm today!
