Robert Hammers | November 4, 2026 | Personal Injury
Pre-existing conditions can make accident claims more complex, but a pre-existing condition does not bar you from recovering compensation. Accident victims are still entitled to recovery compensation if the accident made their condition worse.
However, the insurance company will be quick to blame all your injuries on your pre-existing condition. They will likely try to minimize your claim and argue that the accident didn’t really change anything.
Understanding how a pre-existing condition affects your claim is crucial to getting all the compensation you are legally owed.
What Is a Pre-Existing Condition?
A pre-existing condition is any health issue that you had prior to your accident. Common examples of pre-existing conditions include:
- Arthritis
- Degenerative disc disease
- Bulging or herniated discs
- Osteoporosis
- Old fractures or broken bones
- Prior concussions or brain injuries
Proving your damages after an accident can be more difficult with a pre-existing condition. But, it does not automatically mean that you are not entitled to recover compensation. The party responsible for your accident can still face liability if the accident aggravated your pre-existing condition or caused new injuries.
Overview of Georgia’s Eggshell Plaintiff Rule
When it comes to personal injury claims, Georgia follows a rule known as the “Eggshell Plaintiff” rule.
Under this legal doctrine, it makes an at-fault party responsible for the full consequences of the accident even if the plaintiff was especially susceptible or vulnerable to injuries due to their condition. The law does not require you to be in perfect health prior to your accident in order to seek compensation.
Georgia courts have consistently held that victims with pre-existing conditions can seek compensation for aggravation of that condition. This includes new levels of pain, more limitations in daily activities, and other effects the accident may have had on the victim.
Proving Aggravation of a Pre-Existing Condition
It is important to understand that you cannot seek compensation for your underlying condition if it was not caused by your accident. However, you can seek compensation for the aggravation of that condition.
Some signs that your pre-existing condition was aggravated by your accident include:
- You are in more pain now than before your accident
- It is now more difficult or painful to perform daily activities than prior to your accident
- Your mobility has become more limited
- You need additional surgeries or medical treatment
- Your condition was stable prior to the accident but is now worsening
Having clear evidence on your side to prove the aggravation of your condition is crucial to getting the compensation you deserve. Some common examples are:
- X-rays and other diagnostic imaging
- Physician notes
- Pain journals
- Thorough medical records
It can be especially important to have records prior to your accident as well to prove your health both before and after the accident.
Common Insurance Company Tactics for Pre-Existing Conditions
Insurance companies will look for every chance to minimize or deny your claim, and a pre-existing condition can give them an opportunity to do that. Insurance adjusters will use your pre-existing condition as the perfect excuse to deny your claim.
Some of their tactics may include:
- Hiring their own doctors or expert witnesses to minimize your injuries
- Asserting that the accident did not affect your condition
- Using outdated medical records to claim that your pain was present before the accident
- Trying to get you to agree to a quick settlement before the extent of the damage is known
Remember that the insurance company handles these types of claims every day. They will use every trick they know to pressure you into an unfavorable settlement. You need an experienced personal injury lawyer on your side who can level the playing field and stand up for your rights.
Contact Hammers Car Accident & Personal Injury Lawyers To Schedule a Free Consultation With a Georgia Personal Injury Attorney
If you have been hurt in an accident in Georgia, you can still recover compensation even if you have a pre-existing condition. What matters is how your current health, life, and future have been changed and affected.
At Hammers Car Accident & Personal Injury Lawyers, we have extensive experience fighting to protect the rights of injured victims with pre-existing conditions. Call us today to schedule a free consultation with a Georgia personal injury lawyer and let us help you get the justice you deserve.
Reach out to Hammers Car Accident & Personal Injury Lawyers for help today. We proudly serve clients throughout Fulton County and the greater Atlanta metro area in Georgia, with offices in Atlanta, Sandy Springs, Lawrenceville, Smyrna, Roswell, and Mableton.
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312, Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975, Sandy Springs, GA 30342
Open 24/7
(678) 990-7024
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A. Lawrenceville, GA 30046
Open 24/7
(678) 626-5067
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108, Mableton, GA 30126
Open 24/7
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220, Smyrna, GA 30080
Open 24/7
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111, Roswell, GA 30075
Open 24/7
(678) 582-8466
About Robert M. Hammers Jr.
Robert M. Hammers, Jr. is the managing partner at Hammers Car Accident & Personal Injury Lawyers in Atlanta. Committed to justice, he represents individuals harmed by negligence, focusing on personal injury litigation.
With over 50 jury trials and $100 million in verdicts and settlements, Rob is known for his strategic thinking and dedication to achieving the best outcomes for his clients. He serves on the Executive Committee for the Georgia Trial Lawyers Association, the American Association for Justice Board of Governors, and the Plaintiff Leadership Committee in complex multi-district and toxic tort litigations, where he advocates for injured individuals and shapes legal strategies.
Robert is also recognized on Justia for his excellence in personal injury law, further highlighting his reputation and commitment to client advocacy.
