How Do Pre-Existing Conditions Affect My Car Accident Injury Claim?

When you’re in a car accident in Atlanta, Georgia, and you have a pre-existing condition, it may be a complicated hurdle in your injury claim. At Morain & Buckelew, LLC, we understand that your pre-existing condition is a part of your story, not a barrier to justice. We’re here to clarify how these conditions impact your claim and to assure you that they don’t disqualify you from seeking compensation.

The Impact on Your Claim

It’s a common misconception that having a pre-existing condition will negatively impact your car accident injury claim. You might still be entitled to compensation if the accident aggravated your pre-existing condition. We’re committed to helping our clients in Atlanta understand that an existing injury doesn’t negate the severity of new injuries or the aggravation of old ones caused by a car accident.

Aggravation of Pre-Existing Conditions

The aggravation of a pre-existing condition occurs when an individual with an existing medical issue experiences a worsening of that condition due to an external event, like a car accident. The law differentiates between injuries caused by the accident and the deterioration of previously existing conditions.

Georgia law acknowledges that a person should not be denied compensation simply because they are vulnerable or have pre-existing health issues. The critical legal principle is that the at-fault party must take the victim as they find them. This is often referred to as the “Eggshell Plaintiff” doctrine, meaning even if a person has a fragile condition (like an eggshell), the responsible party is still liable for all the damages caused, including the worsening of pre-existing conditions.

Claiming Compensation for Aggravated Conditions

To claim compensation for the aggravation of pre-existing conditions, it is essential to establish a clear causal link between the car accident and the worsening of the condition. This typically involves:

  • Medical Evidence: Medical records play a crucial role before and after the accident. They establish the baseline of the pre-existing condition and demonstrate how it was worsened by the accident.
  • Professionals Testimony: Often, medical professionals are called upon to testify how the accident contributed to the aggravation of the condition. They can provide an understanding of the medical complexities involved.
  • Legal Argumentation: Your legal team must construct a compelling argument that connects the accident to the aggravation. This involves a detailed analysis of medical records, professionals’ opinions, and an understanding of the relevant legal precedents.

Challenges and Solutions

One of the main challenges in these cases is the insurance company’s argument that the conditions were pre-existing and unrelated to the accident. To counter this, your legal team needs to:

  1. Differentiate Between Pre-existing Conditions and New Injuries: Demonstrate which aspects of your condition were pre-existing and how they have been specifically aggravated by the accident.
  2. Document Change in Condition Post-Accident: Show through medical records and professional testimony that your condition has worsened post-accident and that this change can be attributed directly to the accident.
  3. Present a Consistent Narrative: Ensure that the patient’s medical history, the accident details, and the subsequent medical findings are presented as a consistent narrative that logically supports the claim of aggravation.

Your Rights and Compensation in Georgia

Your right to fair compensation doesn’t diminish because of a pre-existing condition. In Atlanta, Georgia, we strive to secure compensation that reflects the true impact of the car accident on your overall health and well-being. Whether through negotiation or litigation, our goal at Morain & Buckelew, LLC is to achieve a settlement that comprehensively covers your medical expenses, pain, suffering, and any additional damages.

Contact Us, We are Committed to Your Cause

At Morain & Buckelew, LLC, we’re committed to supporting and guiding our clients in Atlanta, Georgia, through the complexities of car accident injury claims, especially those involving pre-existing conditions. Remember, these conditions don’t define your claim; our experience and dedication do. We are here to help! Call us today at (404) 448-3146 or online.