When you file a personal injury claim, having a pre-existing condition might complicate things, but it does not mean you are not entitled to compensation. In Georgia, the law recognizes that accidents can worsen pre-existing medical issues. To navigate these complexities, it is important to understand how these conditions play a role in your case and what your legal rights are.
Pre-Existing Conditions and Georgia Law
Georgia follows the Eggshell Skull Rule, which means that the at-fault party takes the victim “as they find them.” In simple terms, if an accident makes a pre-existing condition worse, the at-fault party is responsible for the aggravation of that condition. Whether you have a long-standing back injury or an old fracture, if the accident worsens your condition, you can still pursue compensation.
How Insurance Companies Handle Pre-Existing Conditions
Insurance companies often focus on pre-existing conditions to try to reduce how much they have to pay. They may argue that your injuries were caused by your prior condition, not the accident itself. This can make it harder to prove your case, but having the right evidence is key. You will need to show how the accident aggravated or worsened your condition. This is where medical records and expert testimony can play a critical role.
Proving Aggravation of a Pre-Existing Condition
To secure fair compensation, you must provide solid evidence that the accident made your condition worse. This often requires:
- Medical records that document your condition before and after the accident.
- Expert testimony from doctors to explain how the accident caused further damage.
- Comparative imaging scans, like X-rays, to show the difference between your pre-existing condition and the new injury.
With the help of medical professionals, you can clearly demonstrate that the accident had a real impact on your health beyond what was already there.
Stand Your Ground with the Right Legal Help
Dealing with pre-existing conditions in a personal injury claim is not easy, but it is not impossible. With strong evidence and the right legal representation, you can secure the compensation you deserve. If you have been injured in an accident and are worried about how your pre-existing condition might affect your claim, contact The Williams Litigation Group for experienced legal support.