When someone is injured in a pedestrian accident in Georgia, they may suffer from a range of serious injuries. Pedestrian accidents often involve severe harm, such as broken bones, head injuries, or even injuries to the spine. However, if the injured person already had a medical condition before the accident, this pre-existing condition can affect their accident claim. Knowing how pre-existing conditions impact pedestrian accident claims is important for anyone involved in such an accident in Georgia.
A pre-existing condition is a health issue or injury that a person had before the accident took place. It might be something long-term, like arthritis or an old back injury, or it could be a recent issue, like a sprained ankle from a different incident. Even though a person may have an earlier health problem, they still have the right to seek compensation if the pedestrian accident made their condition worse. Insurance companies and courts look carefully at pre-existing conditions, especially when deciding how much the injured person should receive. Understanding the role of pre-existing conditions can help victims build a strong case for fair compensation. At, Princenthal, May & Wilson, LLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
How Pre-existing Conditions Affect Compensation in Pedestrian Accident Claims
The presence of a pre-existing condition does not mean that a person cannot recover compensation after a pedestrian accident. In Georgia, injury law allows accident victims to seek damages even if they had health problems before the accident. What matters is how much the accident worsened or aggravated the condition. This means that the victim must show how the accident directly impacted their health beyond their original condition.
If someone had a back injury before the accident, for example, they could still claim compensation if the accident caused additional damage or made their pain worse. But it is essential to prove that the accident, not just the pre-existing condition, led to the current level of suffering. This can be a complicated process, as insurance companies may try to argue that the person’s pain or limitations are only from the old injury. A detailed medical record is crucial in proving that the accident significantly aggravated the condition.
The “Eggshell Plaintiff” Rule and Its Role in Georgia Pedestrian Accident Cases
One legal concept that may protect victims with pre-existing conditions in Georgia is known as the “eggshell plaintiff” rule. This rule means that the person responsible for the accident cannot avoid responsibility simply because the victim was more vulnerable to injury due to a pre-existing condition. If someone is hurt in a pedestrian accident, the fact that they had an existing condition does not reduce the fault of the person who caused the accident. The “eggshell plaintiff” rule allows victims to seek fair compensation for the actual impact of the accident, even if they were more likely to get hurt due to their health history.
This rule is important for pedestrian accident claims because many pedestrians who are struck by cars may already have health issues. In these cases, the victim does not have to be in perfect health to claim compensation for the additional harm caused by the accident. However, the injured party must still show evidence that the accident made their condition worse. This may include new medical records, statements from doctors, and other evidence proving that the accident led to further pain, limitations, or medical expenses.
Attorney At Law Attorney At Law Attorney At Law
Adam Princenthal
David May
Matthew Wilson
Common Pre-existing Conditions That Might Affect Pedestrian Accident Claims
Certain pre-existing conditions may come up often in pedestrian accident cases. Injuries to the back, neck, or joints are common examples. Many people have previous injuries from sports, workplace accidents, or simple wear and tear over time. These older injuries may become aggravated when a person is hit by a car or involved in a pedestrian accident. Other conditions that can be affected include arthritis, osteoporosis, and mental health conditions such as anxiety or depression. Even though these conditions are not directly caused by the accident, the accident can make them much worse.
Insurance companies may closely examine these conditions and might try to argue that the current pain or symptoms are not due to the accident but are instead the result of the original condition. This is why it is so important for injured pedestrians to work with healthcare providers who can document how their condition has changed due to the accident. These medical records help to clearly separate the impact of the pedestrian accident from any ongoing issues the person had before.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
Evidence Needed to Show Worsening of Pre-existing Conditions
To build a strong pedestrian accident claim when a pre-existing condition is involved, having solid evidence is key. Medical records play a huge role in demonstrating the effect of the accident on the existing condition. If someone already had back pain, for example, records that detail how the pain has increased or how new symptoms appeared after the accident will support the claim. Regular visits to a doctor both before and after the accident can show the differences in the injured person’s condition.
Statements from healthcare professionals can also be helpful in showing the accident’s impact on a pre-existing condition. A doctor might explain in a report that the accident directly worsened the symptoms or created new limitations. Physical therapists, specialists, and even mental health professionals may provide insight into how the accident has aggravated a prior injury or condition. This evidence can counter the insurance company’s argument that the person’s suffering is only related to their earlier health issues.
Challenges in Proving the Impact of an Accident on Pre-existing Conditions
Pedestrian accident claims involving pre-existing conditions can be more challenging to prove than claims without such conditions. Insurance companies might argue that the current pain or disability is just part of the old condition, not something caused by the recent accident. To overcome this, the injured person must be able to prove the exact change in their condition due to the accident.
Hiring a Personal Injury Attorney How Long Will a Personal Injury Case Take?Related Videos
A major challenge is separating symptoms caused by the pedestrian accident from symptoms that existed before. This requires detailed medical records, as well as clear, consistent information from healthcare providers. Sometimes, insurance companies may even hire their own medical professionals to question the extent of the worsening condition. Being prepared with strong evidence from qualified medical professionals is important in these cases. In many situations, a legal team can help injured pedestrians work with their healthcare providers to ensure they have all the necessary documentation.
The Role of Medical History in a Pedestrian Accident Claim
Medical history is often a major focus in pedestrian accident cases where pre-existing conditions are involved. An accurate and complete medical history helps to build a clear picture of the person’s health before the accident happened. This record allows the court or insurance company to see what the person’s life and abilities were like before the accident. For example, if the injured person could walk without pain before the accident but now experiences severe pain due to the accident, this shows that the accident created new limitations.
Doctors and legal teams may work together to create a clear timeline of the victim’s health and symptoms. This timeline helps the court or insurance company see the real impact of the accident on the person’s life. In Georgia, this careful approach to medical history helps injured pedestrians get the compensation they need, even if they had health issues before the accident. Honest and detailed medical history is necessary to prove how the accident affected the victim’s condition.
How Legal Assistance Can Help Pedestrians with Pre-existing Conditions
For anyone who has been injured in a pedestrian accident and has a pre-existing condition, seeking help from a legal team can be very important. Navigating the claims process alone can be challenging, especially when dealing with an insurance company that may try to reduce the compensation by blaming the injury on a past condition. An attorney can help the injured person gather the right evidence and medical records to support their claim.
Legal professionals who understand pedestrian accident cases in Georgia know how to handle claims with pre-existing conditions. They can help show the insurance company or court that the accident caused real harm, even if the injured person was not in perfect health before. By working with doctors, therapists, and other healthcare providers, legal teams can build a strong case that proves the accident made the person’s condition worse. This support can make a difference in getting fair compensation to cover medical bills, lost wages, and other costs linked to the accident.
If you or a loved one has been injured in a pedestrian accident and have a pre-existing condition, understanding your rights is essential. Princenthal, May & Wilson, LLC is here to support you in building a strong case and getting the compensation you deserve. Our team has experience with pedestrian accident claims and can help gather the evidence needed to show how the accident impacted your health. Do not let a pre-existing condition prevent you from getting the compensation you need to recover. Contact Princenthal, May & Wilson, LLC today for guidance and support.