What Is the Impact of Pre-Existing Conditions on Personal Injury Claims in Georgia?

What Is the Impact of Pre-Existing Conditions on Personal Injury Claims in Georgia?

If you have a pre-existing condition and someone else’s negligence or wrongdoing caused it to worsen, can you still recover compensation through a personal injury lawsuit in Georgia? The good news is that you can. However, it’s essential to understand the full impact your pre-existing condition could have on your case.

What Are Pre-Existing Conditions?

In a personal injury context, pre-existing conditions are injuries and illnesses that an individual had before the incident that led to their lawsuit. For example, you may have already had lower back pain before getting into a car accident caused by another driver. Or you may have already had asthma before developing mesothelioma caused by asbestos exposure.

As you might expect, you cannot seek compensation for your pre-existing conditions through a personal injury lawsuit. However, you can seek compensation for any new injuries you received because of the accident and for the worsening of any pre-existing conditions.

The “Eggshell Plaintiff” Rule

Like most states, Georgia follows the “eggshell plaintiff” rule, which is a common law principle. Under this rule, defendants are liable for the full extent of a plaintiff’s new injuries, even if the plaintiff was more susceptible to those injuries than the average person. Even if the plaintiff’s body is as fragile as an eggshell, the defendant can still be liable for the plaintiff’s injuries, even if a more robust person would not have suffered harm from the accident.

In practice, this means that just because you have a pre-existing condition, it doesn’t bar you from seeking compensation for further injury. For example, you may have already had a bad knee before slipping and falling in a grocery store. But as long as the fall worsened your injured knee, you can seek compensation for the difference in your pre- and post-injury condition.

Challenges Victims with Pre-Existing Conditions May Face

One of the biggest challenges victims with pre-existing conditions may face is proving the accident worsened their condition. The defendant’s insurance company and their lawyers will likely try to argue that your condition didn’t get worse and was already as bad as you claim it is now. However, with the right evidence, you can demonstrate the change in your condition:

• Your medical records can show the status of your condition before and after the incident.
• Expert witnesses, such as medical professionals, can testify about the impact of the incident on your condition.

The Impact of Pre-Existing Conditions on Compensation

Since you can’t seek compensation for your pre-existing conditions, calculating your compensation can be a challenge. For example, you must determine to what degree the incident worsened your pre-existing condition and how it affects your medical expenses, lost wages, and other losses.

An experienced personal injury lawyer can determine the value of your case by looking at your pre- and post-injury medical bills, wage statements, and more.

Contact Our Georgia Personal Injury Lawyers

If you were injured due to someone else’s negligence in Georgia and suffered from a pre-existing condition, contact Kaufman Injury Law for a free consultation. We’ll review your case, explain your legal options for seeking compensation, and help you understand the impact your pre-existing condition may have.