Were you injured in a car accident in Kennesaw, Georgia, and worried that a pre-existing condition might prevent you from recovering compensation? Georgia law actually provides important legal protections for people in exactly this type of situation. Starks Byron, P.C. can help you determine your legal rights and options going forward.
Our Kennesaw car accident lawyers have 30 years of combined experience and have won millions of dollars for our clients. Insurance companies are eager to try to use pre-existing conditions against accident victims, but we won’t let them get away with those tactics if you hire us to represent you. Contact us today at (678) 245 6152 for a free consultation.
How Starks Byron, P.C. Can Help With Your Car Accident Claim in Kennesaw, GA
Starks Byron, P.C. is always willing to go the distance for our clients and take their cases to court when needed. That kind of preparation isn’t offered by every legal practice in Kennesaw, GA, and often strengthens our position at the settlement negotiation table. We’ll also make it a point to ensure that your claim is built from the ground up with solid proof that stands up to scrutiny.
If you hire our Kennesaw personal injury attorneys, we can:
- Investigate your accident and gather evidence showing how the crash worsened your condition
- Obtain your pre- and post-accident medical records to document the change in your health
- Work with medical experts who can clearly explain the difference between your prior condition and the injuries caused by the accident
- Calculate the full value of your damages, including future treatment you may need
- Handle all of the communications and negotiations with the insurance company
- File a lawsuit if the insurance company refuses to be fair
Contact us today to schedule a free consultation to learn more about protecting your rights. We work on a contingency fee basis as well, meaning you only pay us attorney’s fees if we secure compensation for you.
Georgia’s Eggshell Plaintiff Rule
The most important legal concept to know about in this situation is what’s known as the eggshell plaintiff rule. This is a long-standing legal principle that Georgia courts apply in personal injury cases.
In simple terms, the rule says that the person who caused your accident must take you as they find you. If you were more vulnerable to injury because of a pre-existing condition, that’s not your problem. The at-fault driver is still responsible for the full extent of the harm their negligence caused, even if someone without your condition might not have been hurt as badly.
For example, say you had a prior back injury that was stable and manageable before the accident. The crash causes a severe flare-up that now requires surgery. Per the eggshell plaintiff rule, the at-fault driver can be held liable for that surgery and all the related costs, since the accident is what pushed your condition past the point of being manageable.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical issue that you had before the car accident took place.
Some of the most common examples include:
- Chronic neck and back pain
- Degenerative disc disease
- Arthritis
- Prior fractures and surgeries
- Knee/hip problems
- Mental health conditions such as anxiety and depression
- Herniated discs
- Fibromyalgia
At the end of the day, what matters is whether the accident caused a measurable change in your condition. Our lawyers can help you evaluate the merits of your claim during your free consultation.
How Insurance Companies Try to Use Pre-Existing Conditions Against You
This is where things can get tricky. Insurance adjusters are trained to look for any reason to minimize payouts, and a pre-existing condition is one of their favorite tools for doing so.
Some of the tactics they commonly use in car accident cases like these include:
- Claiming that all of your symptoms existed before the accident and that the crash didn’t make anything worse
- Requesting access to years of your medical history to look for anything they can use to undermine your claim
- Arguing that your current treatment is related to the pre-existing condition rather than the accident
- Pressuring you to give a recorded statement early on, hoping you’ll say something that helps their case
This is exactly why having a legal advocate on your side is important in cases involving pre-existing conditions. We can protect you from these tactics and make sure the insurance company sees the full picture of how the accident affected your health and your life.
Contact Our Kennesaw Car Accident Lawyers for a Free Consultation
A pre-existing condition should never be used as an excuse to deny you fair compensation after a car accident. If someone else’s negligence made your condition worse in Kennesaw, GA, state law is on your side.
Contact Starks Byron, P.C. today to get started with your case and set up a free consultation. Our Kennesaw car accident attorneys have recovered millions of dollars for our clients since our founding and will work just as hard to get you the results you need to move forward as best as possible.
