Many people hesitate to pursue a personal injury claim because they believe one thing will automatically disqualify them: a pre-existing condition. Prior back pain, an old injury, arthritis, or a previous surgery often lead people to assume the insurance company is right when they say, “This wasn’t caused by the accident.”
The truth is, having a pre-existing condition does not mean you don’t have a valid personal injury claim. In fact, injuries that worsen or aggravate an existing condition are often compensable under Georgia law.
At Reid Law Group, we regularly help clients who are told their pain “was already there.” Understanding how the law actually works can make all the difference.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical issue that existed before an accident occurred. This can include:
- Prior neck or back injuries
- Arthritis or degenerative disc disease
- Old fractures or joint injuries
- Chronic pain conditions
- Previous surgeries
Insurance companies often treat these conditions as a reason to deny or reduce claims. But legally, that’s not how responsibility works.
You Don’t Have to Be Perfectly Healthy to Have a Valid Claim
Georgia law follows a principle often referred to as the “eggshell plaintiff” rule. In simple terms, this means that the person who caused the accident is responsible for the harm they caused—even if the injured person was more vulnerable than someone else.
If an accident aggravates, accelerates, or worsens a condition you already had, the at-fault party can still be held responsible for that additional harm.
You are not required to be injury-free before an accident in order to seek compensation afterward.
Aggravation of a Pre-Existing Condition
An accident doesn’t always create a brand-new injury. Sometimes it makes an existing issue significantly worse. This can look like:
- Increased pain or new symptoms
- Reduced mobility or function
- Longer or more intensive treatment
- A condition that was manageable becoming debilitating
When an accident changes the severity or impact of a condition, that change matters. The law recognizes that aggravation is a real injury with real consequences.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance companies often focus heavily on medical history because it gives them an opportunity to shift blame. Common tactics include:
- Claiming all pain existed before the accident
- Selectively reviewing old medical records
- Ignoring changes in symptoms or function
- Arguing that treatment was unrelated
Without proper legal guidance, these arguments can feel convincing—even when they’re inaccurate or unfair.
How You Prove Your Injury Is Accident-Related
Strong documentation is key in pre-existing condition cases. This includes:
- Prompt medical treatment after the accident
- Clear records showing new or worsening symptoms
- Diagnostic testing that supports injury progression
- Consistent follow-up care
Medical professionals play an important role in identifying how an accident changed your condition, not just what existed beforehand.
What Compensation May Still Be Available
Even with a pre-existing condition, injured individuals may still recover compensation for:
- Medical treatment related to the aggravation
- Pain and suffering
- Reduced mobility or quality of life
- Lost wages or earning capacity
- Future care tied to the worsened condition
The focus is not on your past health—it’s on how the accident affected your present and future.
Why Legal Representation Matters in These Cases
Cases involving pre-existing conditions require careful strategy. Insurance companies are skilled at minimizing these claims, which is why having an experienced attorney mattersas.
At Reid Law Group, we work to clearly separate what existed before the accident from what changed because of it. Our goal is to make sure our clients aren’t unfairly blamed for injuries they didn’t cause.
A pre-existing condition does not erase your rights after an accident. If someone else’s negligence made your condition worse, you may still be entitled to compensation.
Before accepting an insurance decision—or assuming you don’t have a case—contact Reid Law Group. We’re here to help you understand your options and protect your future.
