If you were injured in a car accident in Atlanta, Georgia, and already had a medical condition before the crash, you may be concerned that the insurance company will use that condition against you. This is a common issue in Atlanta car accident claims because insurers routinely search medical records for prior injuries and treatment. The good news is that a pre-existing injury does not automatically prevent you from recovering compensation. Under Georgia law, you may still have a valid claim if a negligent driver caused your condition to become worse.
Many people involved in Atlanta car accidents have pre-existing conditions, including prior back injuries, neck injuries, arthritis, degenerative disc disease, shoulder injuries, knee injuries, and previous surgeries. Georgia law does not require you to be perfectly healthy before a crash to pursue a personal injury claim.
The key issue is whether the car accident caused additional harm. If your condition became more painful, required additional treatment, limited your ability to work, or reduced your quality of life after the accident, you may be entitled to recover compensation. For example, you may have experienced occasional back pain before the crash but remained active and employed. After the collision, you may require physical therapy, surgery, or ongoing treatment. In that situation, the accident may have aggravated the condition and caused damages that can give rise to compensation.
Insurance companies frequently argue that a victim’s injuries were not caused by the crash. Instead, they attempt to attribute symptoms to a prior condition. This defense is especially common in Atlanta rear-end accident cases and collisions involving neck and back injuries.
The insurer may argue that your symptoms existed before the collision, that your treatment relates to an old injury, or that your pain is the result of age-related degeneration rather than trauma. In some cases, the insurance company may claim that the collision caused only a temporary flare-up. These arguments are designed to reduce the value of your claim, but they are not automatically supported by the evidence.
Insurance companies often argue that your pain came from a prior condition rather than the collision. However, a pre-existing injury does not prevent recovery when the accident made the condition worse. The issue is not whether you were injured before the crash. The issue is whether the crash caused additional pain, limitations, treatment, or other damages.
Many successful Atlanta car accident claims involve victims who had prior medical conditions before the collision. This issue frequently arises in Atlanta crashes involving rear-end collisions and accidents on major metro Atlanta roadways such as I-75, I-85, and I-20.
Insurance companies routinely request medical records when evaluating injury claims, especially when a victim alleges neck, back, shoulder, or knee injuries. Trying to hide a prior condition can damage your credibility, while accurate records may help show that your symptoms became worse after the crash rather than remaining the same.
An aggravation occurs when a car accident makes an existing medical condition worse. Georgia law generally does not prevent recovery simply because you were more vulnerable to injury than someone else. A negligent driver may still be responsible for the additional harm caused by aggravating a pre-existing condition, a principle often called the “eggshell plaintiff” rule.
A crash can increase pain levels, create new symptoms, accelerate degeneration, reduce mobility, or make treatment necessary when it previously was not. The critical question is whether you are worse off because of the accident than you were before it.
Medical evidence is often the most important factor in a pre-existing injury claim. Insurance companies will closely examine your medical history, while your attorney will focus on the differences between your condition before and after the crash.
In many cases, the dispute is not whether you had a prior injury but whether your condition changed after the collision. Insurance companies compare medical records from before and after the accident looking for evidence that symptoms remained the same. Your attorney will look for evidence showing increased pain, new symptoms, additional treatment, work restrictions, or changes in daily activities.
Important evidence may include prior medical records, emergency room records, diagnostic imaging, treatment records, physician opinions, physical therapy records, work restrictions, and evidence showing permanent changes in your daily activities.
Georgia law allows people who are injured by someone else’s negligence to seek compensation for their losses. A person who is harmed by another’s violation of a legal duty may also have the right to recover damages under O.C.G.A. § 51-1-6. In a pre-existing injury case, the negligent driver is generally not responsible for the condition that existed before the crash. However, the negligent driver may be responsible for the additional harm caused by aggravating that condition.
Pre-existing injury cases often turn on medical proof. Insurance companies frequently argue that your symptoms are the result of an old injury rather than the crash. An experienced Atlanta personal accident lawyer can obtain medical records, identify evidence of aggravation, and build a case showing how your condition changed after the collision.
Butler Kahn has the experience and track record to help you fight for the compensation you deserve. The firm has secured outstanding results in serious vehicle collision cases, including a $4 million car accident settlement and a $28 million Georgia jury verdict arising from a head-on collision. Butler Kahn is recognized by Georgia Trend’s Legal Elite, Super Lawyers, and The National Trial Lawyers Top 100. Call (678) 940-1444 or contact us online for a free consultation with an Atlanta car accident attorney.
