Accidents, especially car accidents, can be traumatic, and they can become even more complicated if they exacerbate pre existing injuries or a pre-existing condition.
In Georgia, the legal landscape surrounding such accidents is guided by the “eggshell plaintiff” doctrine. This post will examine the intricacies of this doctrine and how a Carrollton car accident attorney can assist you in such situations.
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 prior to 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 (TBI) 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.
Understanding the “Eggshell Plaintiff” Doctrine
The “eggshell plaintiff” doctrine, also known as the “take-your-victim-as-you-find-him” rule, is a legal principle that holds the defendant liable for the plaintiff’s injuries, even if the plaintiff had a pre-existing condition that made the injuries worse.
This doctrine is particularly relevant in cases where prior injuries are involved, as it ensures that the defendant is fully liable for the aggravated condition.
This post will examine the intricacies of this doctrine and how a Carrollton car accident attorney can assist you in cases where a car accident aggravated a pre-existing condition.
Recognition of The Eggshell Doctrine in Georgia Law
This doctrine is recognized in Georgia and has been upheld in numerous court decisions, particularly in cases where a car accident has aggravated a pre-existing condition.
For instance, in the case of At Systems Southeast, Inc. v. Carnes, 272 Ga. App. 671 the Georgia Court of Appeals held that “a tortfeasor takes a plaintiff in whatever condition he finds him.
A negligent actor must bear the risk that his liability will be increased by reason of the actual physical condition of the other toward whom his act [is] negligent.”
Insurance companies often scrutinize cases involving pre-existing conditions to minimize their liability, making it crucial to have strong legal representation.
The doctrine is based on the idea that a tortfeasor (the person who commits the tort) must take their victim as they find them.
This means that if a person has a pre-existing condition that makes them more susceptible to injury, the tortfeasor is still fully liable for all damages resulting from their actions, even if an average person would not have suffered the same level of injury.
How Does Georgia Law Treat Pre-Existing Conditions?
In Georgia, if your accident makes a pre-existing injury worse, the at-fault party is still generally responsible.
The key is to prove that the accident aggravated the condition. A medical professional’s testimony can be pivotal in establishing the extent to which the accident aggravated the pre-existing condition.
It’s important to note that the defendant cannot escape liability by arguing that the plaintiff’s injuries would not have been as severe if not for the pre-existing condition.
This is where the “eggshell plaintiff” doctrine comes into play. Under this doctrine, the defendant is responsible for all consequences resulting from their negligent actions, even if the plaintiff’s injuries are more severe because of a pre-existing condition.
This rule protects the rights of people who have pre-existing conditions or health issues that make them more susceptible to injuries, like diabetes or bone disorders.
The Role of Medical Evidence
Medical evidence plays a crucial role in such cases. A medical professional’s opinion and testimony are crucial in establishing the extent to which the accident aggravated the pre-existing condition.
Detailed medical records documenting the pre-existing condition, expert testimony explaining how the accident aggravated the condition, and evidence showing the difference in the plaintiff’s condition before and after the accident are typically required.
Medical bills are essential for evaluating and proving the aggravation of pre-existing conditions in order to recover compensation.
Medical records can include doctor’s notes, medical test results, and hospital records. Expert testimony can come from medical professionals who can explain the nature of the pre-existing condition, how the accident could have aggravated it, and the impact on the plaintiff’s life.
How Can an Attorney Assist?
An experienced attorney can be instrumental in these cases. They can help:
- Gather and Analyze Medical Evidence: An experienced personal injury lawyer can help obtain all relevant medical records and work with medical experts to clearly demonstrate how the accident worsened the pre-existing condition.
- Negotiate with Insurance Companies: Insurance companies often try to reduce their liability by arguing that the injuries were due to the pre-existing condition. An attorney can counter these arguments effectively.
- Represent You in Court: If a fair settlement cannot be reached, an attorney can represent you in court, presenting a compelling personal injury claim backed by strong evidence.
Reach Out to a Carrollton Car Crash Lawyer Today!
In Georgia, if an accident makes a pre-existing condition worse, the law generally supports the victim, but it is advisable to seek a personal injury attorney to navigate these complexities.
Personal injury attorneys can provide the necessary legal representation to ensure you receive fair compensation.
However, these cases can be complex and require detailed medical evidence and a thorough understanding of Georgia law.
Therefore, it is advisable to seek legal counsel to navigate these complexities and protect your rights.
Everyone deserves fair compensation for their injuries, regardless of their physical condition at the time of the accident.
If you find yourself in such a situation, don’t hesitate to reach out to a legal professional at The Weinstein Law Firm who can guide you through the process.
Contact us at 770-HELP-NOW to ensure that you get the compensation you deserve with the help of a seasoned personal injury attorney.
