What If My Accident Makes a Pre-Existing Condition Worse?

a pre-existing condition is no reason to have your accident claim denied

Accidents can be traumatic, and they can become even more complicated if they exacerbate 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.

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.

Recognition of The Eggshell Doctrine in Georgia Law

This doctrine is recognized in Georgia and has been upheld in numerous court decisions. 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.”

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.

an old injury does not exclude you from filing a personal injury claim

How Does Georgia Law Treat Pre-Existing Conditions?

In Georgia, if your accident makes a pre-existing condition worse, the at-fault party is still generally responsible. The key is to prove that the accident aggravated the 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. 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 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:

  1. Gather and Analyze Medical Evidence: An attorney can help obtain all relevant medical records and work with medical experts to clearly demonstrate how the accident worsened the pre-existing condition.
  2. 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.
  3. Represent You in Court: If a fair settlement cannot be reached, an attorney can represent you in court, presenting a compelling case 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. 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.

Latest Posts

What Will My Motorcycle Accident Lawyer Do for Me?
Who Covers Damages in a Rental Car Accident?
How to Navigate Legal Action after a Bicycle Accident
Are You Always at Fault if You Hit Someone from Behind?
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Interstate 85 south shut down at Boggs Road because of crash  Gwinnettdailypost.com [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Memorial Day weekend Georgia drownings, car accidents  11Alive.com WXIA [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

Deadly Miller Rd/Covington Hwy crash: DeKalb Police  11Alive.com WXIA [...]

1 dead in overnight Decatur car crash, police say  Atlanta News First [...]

16-year-old student dies in crash, marking Lakeside High's fifth traffic fatality this school year  Decaturish.com [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Daniel Thomas “Danny” Roland  Now Habersham [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked  11Alive.com WXIA [...]

Four killed in Ohio highway wrong-way crash  NBC4 WCMH-TV [...]

Teenage car break-in suspect in Gwinnett County struck by vehicle  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

5 killed in Bartow County I-75 crash identified: coroner  11Alive.com WXIA [...]

Bartow County crash: Kennesaw State University student killed  11Alive.com WXIA [...]

Pedestrian killed in overnight crash at Kennesaw intersection  Yahoo! Voices [...]

Family shaken but unhurt after car crashes into Cobb County home  11Alive.com WXIA [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Lawmakers consider banning speed cameras in Ga., one metro Atlanta county fights to keep them  WSB Atlanta [...]

Russell Jacoby Obituary - PA  The Morning Call [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

Greenville: 3 women killed in crash on I-85  WYFF4 Greenville [...]

Rockdale County storm damage near Sigman Road  11Alive.com WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!