After a car accident in Lawrenceville, GA, you may be left with injuries that come with serious physical, mental, and financial stress. If the crash aggravated a pre-existing condition, you might face even more physical and emotional effects.
Damages are typically available for new injuries in a personal injury claim. However, you might wonder if you can also be compensated for pre-existing conditions after a car accident in Georgia. The answer can be complex depending on the situation.
A Lawrenceville car accident lawyer at Lawson Personal Injury Attorneys can help you determine whether you’re eligible to file a claim. With 18 years of legal experience, we have secured millions of dollars for our clients.
Contact our Georgia law firm today at 678-710-3304 for a free consultation to discuss your legal options.
How Can Lawson Personal Injury Attorneys Help With a Lawrenceville Car Accident Claim Involving a Pre-Existing Condition?
Car accident cases involving pre-existing conditions are often complicated. The insurance company will attempt to deny liability altogether to avoid paying your claim.
That’s why you need a trusted Lawrenceville personal injury lawyer by your side.
If you hire Lawson Personal Injury Attorneys to handle your case, we will:
- Investigate the collision and gather evidence
- Evaluate your medical records to determine the status and extent of your pre-existing condition
- Work with experts in medicine to prove how the accident caused or worsened your condition
- Negotiate with opposing parties for a fair settlement
We’ll be prepared to argue your case in a Gwinnett County court if necessary. Contact our office for a free case review after a crash in Lawrenceville, Georgia.
What Is a Pre-Existing Condition?
A pre-existing condition is a medical issue that began before your car accident. Some pre-existing conditions, such as diabetes, asthma, or cancer, would likely be unaffected by a collision. Other conditions, however, could lead to more serious problems if they are exacerbated by an auto accident.
Some of these conditions can include:
- Back injuries
- Broken bones
- Hernias
- Arthritis
- Deep vein thrombosis
- Brain injuries
Not all pre-existing conditions must be physical. Some, like depression, anxiety, or post-traumatic stress disorder (PTSD), are not visible but can be worsened or prolonged by a car accident.
Pre-Existing Conditions and Liability After a Car Accident
If you had a pre-existing condition before your accident, it can make your claim more complex but does not necessarily prevent you from collecting damages. Insurance companies and defendants will certainly use any pre-existing condition to deny responsibility and avoid paying out. However, your pre-existing condition does not relieve the at-fault driver from responsibility.
The at-fault driver’s liability will be determined by any additional harm brought on by the accident – regardless of any pre-existing condition on the victim’s part.
For example, if a victim already suffered from long-term back issues, they can’t claim that the other driver created their back problems in general. However, if the condition was made worse by the crash – and medical records and testimony support their worsened condition – they can seek compensation for the additional harm caused by the other driver.
Building a strong personal injury case demands medical evidence showing a clear connection between your accident and your aggravated condition. Usually, this is proven through evidence of a notable increase in symptoms after the accident or expert medical testimony explaining how the crash made your pre-existing condition worse.
The “Eggshell Plaintiff” Doctrine in a Pre-Existing Condition Case
The “Eggshell Plaintiff” doctrine is a longstanding rule stating that negligent persons are responsible for all the harm they cause – even if it is more than they would have expected. Also known as the “Eggshell Skull” rule, this doctrine holds that the at-fault party takes the victim “as they find them.”
The name of the rule itself describes an imagined scenario where a victim’s skull is as soft as an eggshell – and a push or shove could cause their eggshell skull to break. The idea is that the offender would be responsible for all of the victim’s injuries, even if they are more severe than would be expected.
Applying this theory to a car crash scenario, a negligent driver might rear-end another vehicle without expecting serious harm to the other driver. However, if the lead driver already suffered from a pre-existing back injury or brain damage or was pregnant, this fender bender could have serious consequences. Therefore, the at-fault driver could be liable for the full range of added injury caused.
You Can Be Compensated for Pre-Existing Conditions After a Georgia Car Accident
The mere fact that you suffered from a pre-existing condition can’t be used to block or deny your claim after a crash in Lawrenceville and surrounding areas. By using medical evidence to demonstrate aggravation of your conditions, you can obtain compensation for the losses you suffered due to the accident.
Damages in your car accident case can include economic and non-economic damages.
Economic damages can include:
- Medical treatment, including hospitalization and surgery
- Medical devices and equipment
- Prescription drug costs
- Other medical expenses
- Lost wages and reduced future income
- Property damage
Non-economic damages in a personal injury case can include:
- Pain and suffering
- Emotional distress and anguish
- Disability
- Disfigurement
- Loss of companionship
If a loved one tragically died in an accident and they were more susceptible to a fatal injury due to their pre-existing condition, you and your family can collect damages for wrongful death. Our knowledgeable and compassionate Lawrenceville personal injury attorneys can guide you through this difficult time.
Contact a Lawrenceville Car Accident Attorney For a Free Case Evaluation To Discuss Your Pre-Existing Condition
The experienced Lawrenceville auto accident lawyers at Lawson Personal Injury Lawyers can help you fight for the money you deserve, even if you had pre-existing conditions before the crash. We understand your legal rights and will fight for you every step of the way. Call our office today to schedule your free consultation.