After a car accident in Savannah, Georgia, you may be entitled to compensation from the at-fault driver—even if you had a pre-existing condition. While these claims can be more complex, Georgia law allows injured victims to recover damages when an accident aggravates an existing injury or condition.
Below is a clear overview of how pre-existing conditions affect car accident claims in Savannah.
What Is a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or physical impairment that existed before your accident. Common examples include:
- Prior injuries
- Chronic health conditions
- Degenerative diseases
- Long-term physical impairments
Having a pre-existing condition does not automatically prevent you from recovering compensation. What matters is whether the accident made that condition worse.
How Pre-Existing Conditions Can Affect Your Georgia Car Accident Claim
Georgia follows the “eggshell skull” rule, which requires the at-fault party to take the injured person as they find them. In other words, a driver is responsible for all harm caused by an accident, even if the victim was more vulnerable to injury due to an existing condition.
That said, these claims often require stronger evidence. Insurance companies frequently argue that a victim’s pain or limitations existed before the crash. To counter this, you may need medical records, diagnostic imaging, and expert opinions showing how the accident aggravated your condition.
What Types of Pre-Existing Conditions May Be Worsened by a Car Accident?
A wide range of pre-existing medical conditions may be aggravated by a car accident. Even collisions that might cause only minor injuries to an otherwise healthy person can result in more serious or lasting harm when an individual has an existing condition.
Some common types of conditions and injuries that can be worsened by a Savannah car accident include:
- Neck, back, knee, or shoulder injuries
- Brain injuries
- Arthritis and chronic pain conditions
- Diabetes-related complications
- Cardiovascular issues
- Anxiety, depression, or other mental health conditions
Remember that you must be able to show how your pre-existing condition was exacerbated by your accident. This will be crucial to getting compensation, as the insurance company is likely to argue strongly that your pain and issues were all the result of your pre-existing condition.
Can I Still Recover Compensation If I’m Being Blamed For My Car Accident?
In some cases, the insurance company may try to put the blame for the accident back on you. If they can prove that the accident was your fault, they may be able to avoid paying your claim. Thankfully, Georgia follows a modified comparative negligence rule.
Under this rule, an injured victim can still recover compensation as long as they are less than 50% responsible for their accident. However, your financial recovery will be reduced by your portion of the fault in these situations.
For example, if you are found 30% responsible for an accident and your damages total $20,000, you could still recover $14,000. If you are 50% or more at fault, however, you won’t be able to recover any compensation at all.
Get Help From an Experienced Savannah Car Accident Lawyer Today
Claims involving pre-existing conditions can be complex, but Georgia law allows compensation when an accident worsens an existing condition. An experienced Savannah car accident lawyer can help gather the medical evidence needed to support your claim and push back against insurance company defenses.
If you are hurt in a car accident, contact the experienced team at Bowen Painter Injury Lawyers today. We have a deep understanding of Georgia personal injury law, and we can help you through the challenges associated with pursuing a car accident claim that involves pre-existing conditions.
Reach out today at (912) 335-1909 to schedule a free consultation.
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