If you’ve been involved in a car accident in Georgia and have a pre-existing condition that worsened as a result, it can be difficult to know where to turn for help. The impact of the accident on your health, combined with the legal complexities surrounding personal injury claims, can leave you feeling overwhelmed. That’s why it’s important to understand how the law works in these situations.
A skilled Carrollton car accident attorney can guide you through the process of proving that the accident aggravated your pre-existing condition. Insurance companies may argue symptoms are due to your existing health condition.
- You can seek compensation if a car accident causes new injuries or makes a pre-existing condition worse.
- Even if a medical condition makes you more vulnerable to injury, the person who caused the accident is still fully responsible.
- Strong medical records and expert testimony are key to proving the accident worsened your condition.
What Is a Pre-Existing Condition?
A pre-existing condition is a medical condition or health issue that existed before an individual applied for a new health insurance policy.
These conditions can range from chronic diseases like diabetes and heart disease to injuries, mental health disorders, or any other health problems that were diagnosed or treated before the start of new insurance coverage.
Pre-existing conditions have historically been a point of contention in health insurance, as insurers may have used them to deny coverage or charge higher premiums.
However, regulations such as the Affordable Care Act (ACA) in the United States have made it illegal for health insurance companies to refuse coverage or impose limitations based on pre-existing conditions, ensuring that individuals receive the necessary medical care without facing discrimination or exorbitant costs.
Common Pre-Existing Conditions That Are Worsened by Car Accidents
Car accidents can exacerbate a variety of pre-existing conditions, leading to increased pain, complications, and a prolonged recovery period. Here are some common pre-existing conditions that can be worsened by car accidents:
Back and Spinal Conditions
Individuals with pre-existing back problems, such as herniated discs, degenerative disc disease, or chronic lower back pain, are particularly vulnerable in car accidents.
The sudden impact can aggravate these conditions, leading to increased pain, reduced mobility, and the potential for new injuries such as spinal fractures or nerve damage.
Neck Injuries
Conditions like cervical spondylosis (neck arthritis) or previous whiplash injuries can be severely affected by the jolt of a car accident.
Whiplash, in particular, can exacerbate pre-existing neck problems, causing intense pain, stiffness, and sometimes long-term complications like chronic headaches or limited neck movement.
Joint and Bone Conditions
Arthritis, osteoporosis, and other joint or bone-related conditions can be aggravated by the forces exerted during a car accident.
Joints that are already inflamed or weakened can suffer further damage, resulting in increased pain, swelling, and decreased function. Fractures in individuals with osteoporosis can be more severe and require longer healing times.
Head Injuries
Previous concussions or other traumatic brain injuries (TBIs) can make the brain more susceptible to further injury in a car accident.
Even a minor collision can lead to significant issues such as prolonged concussion symptoms, increased cognitive difficulties, and greater susceptibility to future head injuries.
Mental Health Conditions
Pre-existing mental health conditions like anxiety, depression, and post-traumatic stress disorder (PTSD) can be exacerbated by the trauma of a car accident.
The stress and shock of the accident can trigger or worsen symptoms, leading to heightened anxiety, panic attacks, and depressive episodes.
Cardiovascular Conditions
Individuals with heart conditions such as coronary artery disease, hypertension, or previous heart attacks can experience heightened stress on their cardiovascular system during and after a car accident.
The physical and emotional stress of an accident can increase the risk of heart complications, including heart attacks and strokes.
Diabetes
Managing diabetes can become more challenging after a car accident. The stress and potential for physical injury can affect blood sugar levels, making it difficult to maintain control.
Additionally, injuries that affect mobility can interfere with exercise routines, which are important for diabetes management.
How Does Georgia Law Treat Pre-Existing Conditions in Car Accident Cases?
If a car accident makes a pre-existing injury worse, the at-fault party in Georgia is generally still responsible for the damages. The key is proving that the accident aggravated the condition.
Medical testimony plays a crucial role in showing how the accident made the pre-existing condition worse. It’s important to have expert opinions to establish the link between the accident and the worsening of the injury.
Importantly, the defendant cannot avoid responsibility by arguing that the victim’s injuries wouldn’t have been so severe without the pre-existing condition. Under the eggshell skull rule, the at-fault party is responsible for the full extent of the damages, even if the injury is more severe due to the plaintiff’s pre-existing condition.
What If a Pre-Existing Condition Made an Injury Worse?
The “eggshell skull rule” means the person who causes an injury is responsible even if the injured person had a pre-existing condition that made their injury worse. Georgia follows this legal principle.
If someone with a pre-existing condition is hurt in an accident, the person who caused the accident is still fully liable for the worsened injury, even if the injury wouldn’t have been as severe for someone else.
This rule protects individuals who have conditions like diabetes, bone disorders, or other health issues that make them more vulnerable to injury. Even if these conditions make the accident’s impact worse, the person who caused the accident is still legally responsible for paying compensation.
The Role of Medical Evidence
Medical evidence is very important in these cases. A doctor’s opinion and testimony are essential to show how the accident made the pre-existing condition worse.
You’ll need clear medical records that show the condition before and after the accident, as well as expert testimony explaining how the accident aggravated the condition. This evidence is key to proving the extent of the injury and securing compensation.
Medical records can include things like doctor’s notes, test results, and hospital records. Expert testimony comes from doctors or medical professionals who can explain how the accident affected the pre-existing condition and how it has impacted the person’s life.
How Can an Attorney Help?
An experienced attorney can be a key ally in cases where a pre-existing condition is worsened by a car accident. Our team at the Weinstein Firm has extensive experience helping car accident victims across Georgia.
Gathering and Analyzing Medical Evidence
An attorney can help gather all relevant medical records to show how the accident worsened your pre-existing condition. They can also work with medical experts to support your case.
Negotiating with Insurance Companies
Insurance companies often try to reduce their liability by claiming the injuries were only due to a pre-existing condition. An attorney can counter these arguments and fight for the compensation you deserve.
Representing You in Court
If a fair settlement can’t be reached, your attorney will be prepared to represent you in court. They will present a strong personal injury claim backed by compelling evidence.
Our Car Accident Lawyers Are Here to Answer Your Questions
In cases where a car accident worsens a pre-existing condition, understanding your legal rights and the complexities of insurance claims is essential. The process can be overwhelming, especially when dealing with insurance companies that may try to minimize their liability. Having an experienced attorney by your side ensures that your case is handled professionally.
The legal team at The Weinstein Firm is committed to helping you navigate this challenging process and protecting your interests every step of the way. If you or a loved one has been involved in an accident that aggravated a pre-existing condition, seeking legal advice as soon as possible can make all the difference. A knowledgeable attorney can provide the guidance needed to gather medical evidence, negotiate with insurance companies, and, if necessary, represent you in court.
Call 770-HELP-NOW or contact us online for a free case evaluation.
