If you have suffered injuries in an accident caused by someone else’s negligence, you may be entitled to compensation for your damages. If you have pre-existing injuries, the insurance company may attempt to use those injuries as the basis for denying your claim. However, with the help of an Atlanta personal injury attorney from Rafi Law Firm, you may still be able to recover damages by showing how your accident made your pre-existing injuries worse.
What are examples of pre-existing injuries?
A pre-existing medical condition is an injury or other health condition suffered before your personal injury accident. They can be injuries you sustained in an unrelated accident, congenital disorders, or other health conditions with which you have previously been diagnosed.
Examples of common pre-existing conditions include:
- Anxiety and depression
- Arthritis
- Broken bones
- Diabetes
- Heart disease
- Hypertension
- Neck and back injuries
- Osteoporosis
- Pregnancy
- Previous accident injuries
- Prior surgeries
- Sprains and strains
Information from your medical history documenting your diagnosis and treatment will be used as evidence in your case. Your attorney will help you understand how it can benefit your negotiations with the insurance company.
Can I obtain compensation if my pre-existing injuries were worsened in the incident?
Pre-existing injuries do not prevent you from securing financial relief as a result of injuries sustained or worsened by your personal injury accident. In Georgia, an individual hurt because of another party’s negligence is entitled to compensation from the liable party, even in cases involving pre-existing injuries. Pre-existing conditions made worse in a personal injury accident are often covered under the “eggshell rule.”
The eggshell rule
Tradition has called plaintiffs with pre-existing injuries “eggshell plaintiffs”—meaning they are more fragile or susceptible to further injury than most. The rule is also known as the “thin-skull rule” or the “special-sensitivity rule.”
If you’re an “eggshell plaintiff,” you must find a lawyer who can tell the difference between injuries you already had and new ones from an accident. You can only lose your chance to get money for your injuries if you try to get paid just for the old injuries. But if the accident worsens your old injuries, the insurance person can’t say no to helping you. That’s why it’s really important to have proof that the accident made your old injuries worse.
How can I prove the incident aggravated my pre-existing injury?
To prove your accident has caused you additional pain, daily limitations, and treatment you would not have otherwise needed, you need evidence. Our personal injury lawyers in Atlanta can analyze your accident and review documentation to determine what evidence can support your claim. Documentation demonstrating how your pre-existing injuries were worsened by your accident may include:
- Medical records
- Diagnostic testing records
- Journal entries regarding your symptoms and pain
- Employment records relating to your change in tasks
- Witness statements regarding how your life has been impacted
- Expert witness testimony
Should I disclose my pre-existing injuries in my personal injury claim?
You must disclose your pre-existing injuries to your personal injury attorney. Failing to do so can weaken credibility and reduce your chances of recovering compensation. If we know about your pre-existing conditions, we can immediately begin identifying and collecting evidence to support your claim that your accident worsened those injuries.
What should I do if I had a pre-existing injury at the time of your accident?
We can schedule a free consultation to discuss your pre-existing injuries and how your accident may have aggravated them. Protect yourself from immediate denial by the insurance company by letting us pursue maximum compensation in your personal injury claim.
To protect your rights to compensation after an accident, contact our Atlanta personal injury attorneys at Rafi Law Firm at (404) 800-9933 as soon as possible.
