Hurt in a car crash in Georgia? You can bring a claim against the at-fault party, even if you had a previous injury or medical condition. Indeed, if you had a pre-existing injury aggravated in a car accident, you have the right to seek full and fair compensation for your damages. Still, these can be very complicated claims. Insurance companies fight to pay out less. Here, our Marietta personal injury lawyer explains how a pre-existing condition can potentially impact your claim in Georgia.
You Have the Right to Bring a Personal Injury Claim with a Pre-Existing Condition
First and foremost, it is important to emphasize that you absolutely have the right to bring a personal injury claim even if you have a pre-existing condition. The State of Georgia follows the long-established aggravation rule. A negligent defendant must always take the injured victim as they find them. If a collision worsens an existing condition, the defendant is liable for the additional harm caused. The law draws a clear line between the underlying condition and the aggravation attributable to the accident. Recovery focuses on the difference between the injured victim’s baseline before the accident and their medical status afterward.
The Bottom Line: To the extent that you were hurt more badly due to the accident, you can recover compensation for those damages. Your aggravation of any injury or medical condition is compensable through a personal injury claim in Georgia.
What to Know About Comparative Negligence in Georgia
Under Georgia law (GA Code § 51-11-7), a modified comparative negligence standard for personal injury claims, including motor vehicle accidents, premises liability cases, and other types of incidents. An injured victim may recover damages if they are less than 50 percent at fault for the collision. Any percentage of fault attributed to the injured victim reduces the recovery proportionally. The rule applies regardless of whether a pre-existing condition exists.
Beware of Insurers: Insurers often attempt to misuse comparative negligence arguments in aggravation cases. They suggest that the prior condition increases fault or weakens causation. That argument fails under Georgia law. Comparative negligence concerns conduct that caused the accident, not medical history.
Unique Challenges With Pre-Existing Condition Personal Injury Claims
Personal injury claims can be complicated. For injured victims with a pre-existing condition, the legal process can be especially hard. Indeed, defendants and insurance companies tend to be even more aggressive in these cases. Here are some unique challenges to be aware of:
- A Dispute Over the True Cause of the Injury: Insurers frequently assert that the injured victim’s symptoms arise solely from the pre-existing condition rather than the collision. They challenge the medical link between the crash and any worsening of symptoms.
- A Minimization of the Baseline: Adjusters often attempt to portray the injured victim as already significantly impaired before the accident. They selectively describe prior complaints to argue that the crash caused no meaningful change. Accurate pre-accident records are essential to show the true baseline level of function.
- An Unfair, Selective Medical Review: Insurers routinely emphasize older records while ignoring post-crash imaging, surgical recommendations, or expanded treatment plans. This tactic creates a distorted view of the medical timeline. A complete record review must demonstrate objective changes following the accident in Georgia.
- Allegations of Delay of Medical Care: Any gap between the collision and medical treatment invites arguments that the crash did not cause the worsening condition. Insurers claim that delayed care reflects unrelated symptom progression. Medical testimony must address why symptoms may evolve over time or why treatment was reasonably delayed.
- Misclassification of Your Medical Condition: Defense experts often characterize post-accident findings as normal age-related degeneration. This framing minimizes the role of traumatic injury. As part of the medical records you present, it is useful to have your physician(s) distinguish between pre-existing degenerative changes and acute or accelerated damage caused by the accident.
Securing the Maximize Pre Existing Injury Settlement
Maximizing recovery starts early. Injured victims should disclose prior conditions to their doctors and lawyers. Transparency builds credibility and prevents surprise attacks. Early diagnostic testing establishes objective evidence of change. Consistent treatment documents the progression and persistence of symptoms. Medical causation opinions carry weight. Treating physicians who understand the pre-accident baseline can explain why the crash caused a measurable worsening. Your medical records are absolutely key to your case. A top-tier Marietta, GA personal injury lawyer can help you build a strong, compelling case.
The Takeaway: That you had a pre-existing condition does not undermine your ability to bring a personal injury claim. Quite the contrary, you still have the right to seek financial compensation for the full extent of your damages. Do not go it alone after a bad accident. Pre-existing conditions do not reduce your rights. They increase the need for careful proof. With the right legal strategy, injured victims in Georgia can secure full and fair compensation for aggravated injuries caused by a negligent driver. A top-tier Marietta personal injury lawyer can help.
We are Leaders in Personal Injury Law in Georgia
The Persons Firm, LLC is a boutique personal injury firm that is proud to fight aggressively for justice and the maximum financial compensation for injured victims. We know how to take on complicated cases, including those involving pre-existing conditions. Do not let a defendant or insurance company pressure you into accepting less. With more than $100 million in settlements and verdicts, our case results show that we fight for the maximum compensation for victims.
Call Our Marietta, GA Personal Injury Lawyer Today
At The Persons Firm, LLC, our Marietta personal injury attorney puts victims and families first. If you or your loved one was hurt in a serious accident, please do not hesitate to contact us right away for a free, no-commitment case review. It is our mission to help victims get true justice. With a law office in the 30060 zip code of Marietta, we handle personal injury claims all across the region, including in 30061, 30062, 30063, 30064, 30065, and 30066.