When you’re injured in an accident—whether it’s a car crash, slip and fall, or workplace incident—the presence of a pre-existing condition doesn’t disqualify you from filing a personal injury claim. In fact, many accident victims have some type of prior medical issue, whether it’s chronic back pain, arthritis, or an old injury that flares up under new trauma.
However, insurance companies often use pre-existing conditions to deny or minimize claims, arguing that your injuries weren’t caused by the accident but rather existed beforehand. That’s why understanding how pre-existing conditions are treated under Georgia law—and how to protect your rights—is critical when seeking fair personal injury compensation.
Georgia Law on Pre-Existing Conditions in Injury Claims
Under Georgia law, defendants in a personal injury case must take the injured person “as they find them.” This means if the victim had a pre-existing medical condition, the at-fault party is still liable if the accident aggravated or worsened that condition.
This legal principle, often referred to as the “eggshell plaintiff” rule, recognizes that some people are more vulnerable to injury than others—and that vulnerability doesn’t excuse negligence.
So even if you had a prior injury or health issue, you can still receive compensation if:
- The accident made your condition worse
- It caused new symptoms to develop
- It increased the severity or duration of your pain
- It resulted in the need for new medical treatment
Types of Pre-Existing Conditions Often Involved in Claims
Some of the most common pre-existing conditions that appear in personal injury claims include:
- Old back or neck injuries from previous accidents
- Herniated discs or spine problems
- Past concussions or traumatic brain injuries
- Arthritis or joint issues
- Mental health conditions such as anxiety or PTSD
- Degenerative diseases (e.g., osteoporosis, fibromyalgia)
If the accident exacerbates these conditions, the injured party can pursue damages for the increased pain, medical treatment, and loss of function they now experience.
For related insights into how damages are calculated in complex injury cases, read Understanding Pain and Suffering in Personal Injury Claims: How It’s Calculated.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance adjusters often search through your entire medical history to find evidence of past injuries. They may argue that:
- Your current symptoms existed before the accident
- The accident caused minimal or no damage
- Any worsening of your condition is unrelated to their client’s negligence
Without proper legal guidance, injured victims may accept reduced settlements or have their claims denied altogether. Insurance companies may also request that you sign broad medical record releases, giving them access to private information they can use against you.
To avoid these pitfalls, it’s crucial to have a personal injury lawyer on your side to handle negotiations and ensure your rights are protected.
How to Strengthen Your Claim with a Pre-Existing Condition
- Be Honest About Your Medical History
Concealing a past injury can backfire if the insurance company uncovers it later. Instead, be transparent with your attorney about your condition so they can help you distinguish between old symptoms and new trauma caused by the accident.
- Use Medical Records to Show Aggravation
Your attorney can work with doctors to:
- Compare before-and-after medical records
- Provide expert opinions that explain how the accident worsened your condition
- Show that your current treatment is different or more extensive than before
- Track All New Symptoms and Treatment
Document any increased pain, physical limitations, or emotional stress that developed after the accident. Keep detailed records of doctor visits, medications, and therapy sessions that are directly tied to the accident.
This is especially important if your condition was stable or well-managed before the injury.
For more on how medical documentation strengthens a case, see The Role of Evidence in Maximizing Compensation for Personal Injury Cases.
How The Law Office of Don Edwards Handles These Cases
At The Law Office of Don Edwards, we understand that many accident victims carry the weight of past injuries—and that does not make them any less entitled to justice. Our approach includes:
- Working with specialists and medical experts to show how the accident aggravated pre-existing conditions
- Ensuring insurance companies do not misuse your medical history
- Fighting for full compensation for all injuries, new and aggravated
- Navigating the claim process with sensitivity and strategic legal skill
With over four decades of experience and a proven record in complex personal injury claims, we’ve helped injured clients across Atlanta and beyond overcome insurance tactics designed to minimize legitimate claims.
You can also explore more strategies in Common Missteps After a Personal Injury Accident—and How to Avoid Them.
Dealing with a Pre-Existing Condition After an Accident? Let’s Talk
Having a pre-existing condition does not disqualify you from seeking justice after an accident. What matters is whether the accident worsened your condition or created new complications—and how well your case is built around that evidence.
📞 Call The Law Office of Don Edwards today at (404) 526-8866 for a free consultation. We’ll listen to your story, review your medical history, and help you pursue the full compensation you’re entitled to.
Visit our Personal Injury Practice Area to learn more about how we can help.
