Pre-Existing Condition and Your Right to Compensation in Georgia Car Accident Cases
At Atlanta Metro Law, we are dedicated to helping injury victims across the Atlanta area get the justice and compensation they deserve. We handle car accidents, truck accidents, motorcycle accidents, and other personal injury cases with a focus on achieving full and fair compensation for our clients. Our team works closely with you from the very beginning, offering 24/7 availability, free case evaluations, and a flat 25% contingency fee so you keep more of your settlement.
A pre-existing condition does not prevent you from recovering compensation after a Georgia car accident. Many accident victims already live with prior injuries or medical conditions before a crash occurs. When an accident makes these conditions worse, Georgia law allows you to seek payment for the increased pain, medical expenses, and lost income caused by the aggravation.
In this blog, you will learn how Georgia law treats pre-existing conditions in car accident claims, what evidence can strengthen your case, and why working with an experienced Atlanta car accident lawyer is essential to securing the compensation you deserve.
Understanding Pre-Existing Conditions in Georgia Car Accident Cases
Many car accident victims in Georgia already live with a pre-existing condition. Knowing how these conditions affect a car accident claim can help protect your right to recover compensation.
What Counts as a Pre-Existing Condition
A pre-existing condition is a medical condition or injury that existed before the car accident. Common examples include chronic back pain, spinal cord injuries, degenerative joint disease, old fractures, or mental health conditions. These conditions can be stable for years but may worsen after a car crash.
How Insurance Companies Use Pre-Existing Conditions
Insurance companies often use a pre-existing condition to limit car accident compensation. They may argue that your current pain and medical expenses are the result of the existing condition, not the crash. This tactic allows them to reduce or deny coverage. An experienced car accident lawyer can gather evidence to show how the accident aggravated your condition.
Why Pre-Existing Conditions Matter in Georgia Car Accident Claims
Under Georgia law, you can recover compensation if a car accident worsens an existing condition. This includes payment for medical treatment, lost wages, and pain and suffering related to the aggravation. Most car accident claims require proof that the accident made the condition worse, not proof that the accident caused the original injury.
Common Pre-Existing Conditions Impacted by Car Accidents
Certain medical issues are more likely to be aggravated in Georgia car accidents. Whiplash can worsen arthritis. A concussion can increase the frequency of migraines. A spinal injury can cause lasting nerve pain to flare up. Car accident victims with these conditions often face higher medical expenses and longer recovery times.
Georgia Law on Pre-Existing Conditions
Georgia law protects car accident victims with a pre-existing condition. You can recover compensation if the accident made your condition worse.
The Eggshell Plaintiff Rule
Under the Eggshell Plaintiff Rule, an at-fault driver is responsible for all injuries their actions cause, even if the victim was more vulnerable due to a pre-existing condition. The law recognizes that accident injuries can be more severe for people with prior medical conditions.
Damages for Aggravation of a Pre-Existing Condition
Georgia law, under O.C.G.A. § 51-12-4, allows recovery for the aggravation of an existing condition. This means you can seek compensation for increased pain, higher medical expenses, and greater loss of earning capacity caused by the accident. A personal injury claim can include both the costs of new injuries and the worsening of old ones.
Modified Comparative Fault Rule in Georgia
Georgia follows the Modified Comparative Fault Rule under O.C.G.A. § 51-12-33. You can recover compensation if you are less than 50 percent at fault for the accident. Your recovery is reduced by your percentage of fault. In most car accident claims, proving the other driver’s majority fault is critical to securing full and fair compensation.
Why Legal Representation is Important
Insurance companies may deny coverage or undervalue claims involving pre-existing conditions. An experienced car accident lawyer can present medical evidence, witness statements, and accident reports to prove the crash aggravated your condition. This representation is often the difference between maximum compensation and a low settlement.
How Car Accidents Can Aggravate a Pre-Existing Condition
A car accident can turn a stable medical condition into a serious injury that requires new treatment and recovery time.
Physical Impact on the Body
The force of a car crash can put extreme stress on the body. Even a low-speed accident can worsen an existing condition. Whiplash can strain an already injured neck. Sudden impact can inflame spinal cord injuries or joint problems. These changes often lead to higher medical expenses and longer recovery.
Increased Pain and Symptoms
An aggravated pre-existing condition can cause pain to intensify and symptoms to become more frequent. Arthritis may flare up after a crash. Nerve damage may produce stronger or more constant pain. Migraines can occur more often after a head injury. Accident victims often need more doctor visits and pain management after such aggravation.
Longer and More Complicated Recovery
When an accident worsens a pre-existing condition, recovery can take longer. Accident injuries may require more medical care than a new injury would. Victims may face extended physical therapy, multiple surgeries, or increased use of medication. This can result in greater lost wages and reduced earning capacity.
Emotional and Financial Effects
The impact is not only physical. Victims may suffer emotional distress from prolonged pain or loss of mobility. Financial strain increases with rising medical bills and lost income. Insurance companies may try to avoid paying fair compensation by blaming all symptoms on the existing condition. An experienced car accident lawyer can counter these tactics and protect the claim.
Challenges in Proving a Pre-Existing Condition Was Aggravated
Proving that a car accident made a pre-existing condition worse can be difficult in Georgia car accident cases. Insurance companies often dispute these claims to reduce payouts.
Insurance Company Disputes
Insurance carriers may argue that your current symptoms are the result of the pre-existing condition alone. They may claim that the accident did not cause any new injuries. This strategy helps them deny coverage or lower settlement offers.
Lack of Clear Medical Evidence
Many accident victims do not have detailed medical records from before the crash. Without this baseline information, it is harder to show that the accident aggravated the existing condition. Medical experts must compare records from before and after the accident to identify changes in the injury.
Gaps in Medical Treatment
If a victim delays medical care after the accident, insurance companies may question whether the aggravation was serious. Long gaps between doctor visits can weaken a personal injury claim. Prompt medical treatment creates a clear link between the accident and the worsening of the condition.
Complexity of Medical Testimony
Accident injuries involving a pre-existing condition often require testimony from specialists. These experts explain how the crash caused new damage or increased symptoms. Without strong testimony, insurance companies may push for a low settlement or reject the claim entirely.
Contact an Experienced Atlanta Car Accident Lawyer Today!
If a car accident has aggravated your pre-existing condition, you should act quickly to protect your health and your legal rights. The sooner you involve a skilled legal team, the stronger your case will be against insurance companies that may try to deny or reduce your claim.
Contact us at 864-894-2045 for a free case consultation today!
source https://atlantametrolaw.com/pre-existing-condition-accident-compensation/
No comments:
Post a Comment