If you were injured in an accident but already had a pre-existing injury, you might be wondering if you can still file a personal injury claim. A pre-existing condition is any medical issue or injury you had before the current accident. This could be a chronic health condition, an old sports injury, or even past back or neck problems from another car crash. If the accident aggravated your old injury, that’s still valid under personal injury law.
The answer is yes—but it can be more complex. A Columbus personal injury lawyer can help you understand your rights and build a strong case, even if you have pre-existing injuries.
Here are common questions people ask about how pre-existing conditions affect personal injury claims in Georgia.
Can I still be entitled to compensation?
Yes, you may still be entitled to compensation—especially if the accident worsened your pre-existing condition. The key is proving that the accident caused additional harm or re-aggravated your prior injuries. Georgia follows the eggshell skull rule, which states that a defendant must take a plaintiff as they find them. In other words, even if you were more vulnerable due to a pre-existing medical condition, you can still recover damages.
What is the eggshell plaintiff rule?
The eggshell plaintiff rule is a legal doctrine under which the at-fault party is responsible for all the harm caused by their actions, even if the injured person had a fragile condition. This means that your personal injury attorney can argue that your condition doesn’t limit the other party’s liability. Whether you had a prior neck injury or brittle bones, the negligent driver in a car crash is still responsible for the damage they caused.
How will insurance adjusters handle my pre-existing injuries?
Insurance adjusters often use pre-existing injuries as a reason to reduce or deny your claim. They may argue that your pain or limitations were already present before the accident. That’s why it’s critical to work with an experienced personal injury lawyer who can push back against these tactics.
Your attorney will use your medical records, expert testimony, and other evidence to show how the accident worsened your condition.
How important is my medical history?
Your medical history plays a key role in any personal injury case involving a pre-existing condition. You’ll need to provide detailed medical records to prove:
- You had a prior condition
- The accident aggravated or worsened that condition
- You required additional medical treatment as a result
If your medical treatment changed or intensified after the car accident, that supports your claim.
Will my pain and suffering be reduced?
Not necessarily. You can still recover for pain and suffering, even with a pre-existing medical condition. If the accident made your pain worse or limited your ability to work or enjoy life, you deserve to be compensated. A skilled personal injury attorney in Columbus can help you make sure you receive full damages for both physical and emotional losses.
Contact Fox Injury Law for help navigating your personal injury claim with a pre-existing condition
If you’ve been hurt in a car accident and are worried about how your pre-existing conditions affect your case, don’t face it alone. Contact Fox Injury Law to speak with a knowledgeable Columbus personal injury lawyer who understands the complexities of your situation. Get the help you need—call (678) 506-8900 for a free consultation today.
