Posted in Guest Blog
One of the most common questions we hear from potential clients is:
“Will a prior accident or pre-existing medical condition hurt my chances of getting compensation?”
The short answer?
It depends. But here’s what you need to know.
Georgia Law Protects Victims — Even With Pre-Existing Conditions
Under Georgia law, you may still be entitled to compensation even if:
- You were involved in a prior accident, or
- You have a pre-existing medical condition
What matters most is whether the current accident caused new injuries or worsened an existing condition.
✔️ Prior Accidents
If evidence shows that the accident in question caused a new injury—even if you’ve been in an accident before—you may still recover damages.
✔️ Pre-Existing Medical Conditions
If the accident aggravated or exacerbated a pre-existing condition (like a back injury, arthritis, or joint damage), the law allows for compensation for the worsened condition.
In legal terms, this is called the “eggshell plaintiff rule,” which means the at-fault party must take the victim as they are—even if they are more vulnerable to injury due to a pre-existing issue.
Why Legal Representation Matters
These types of cases can be complex. Insurance companies will often argue that your injuries were not caused by the new accident, or that you were already injured and therefore not entitled to compensation.
That’s why a thorough investigation is key—something our experienced Atlanta, GA car accident lawyer and our accident law team at Council & Associates, LLC does for every client. We gather medical records, expert testimony, and detailed evidence to prove:
- The accident occurred
- It caused new harm or aggravated an existing condition
- You deserve full and fair compensation
