If you have recently suffered a whiplash injury in a car accident, you are likely facing a lot of uncertainty. The pain, frustration, and confusion surrounding your injury are difficult enough without the added concern of how Georgia courts may view your pre-existing conditions. You may be wondering whether your prior injuries or health issues will affect your chances of receiving compensation. It’s understandable to feel overwhelmed, but we are here to help guide you through this process. Our firm is empathetic to your situation and understands how stressful it can be to navigate the legal system during such a challenging time.
Whiplash is a serious injury that can cause long-term physical effects. If you have a pre-existing condition, it’s crucial to understand how Georgia courts might handle your claim. This blog will explain how courts in Georgia evaluate pre-existing conditions in whiplash claims and how you can ensure that your case is presented fairly.
Understanding Whiplash Injuries
Whiplash injuries occur when the head is suddenly jerked back and forth, typically in a rear-end car accident. This motion can cause damage to the neck and spine, leading to pain, stiffness, headaches, and other symptoms. Whiplash can affect anyone, but it is often more painful and complicated for people who already have neck or back issues. Pre-existing conditions such as previous neck injuries, arthritis, or spinal problems can influence how your whiplash injury is diagnosed and treated.
Pre-Existing Conditions and Whiplash Claims
A pre-existing condition is any health issue or injury you had before the accident that may affect the way you recover from your whiplash injury. Georgia courts understand that not every person involved in an accident has the same physical health, and a previous injury doesn’t automatically mean your whiplash claim will be dismissed. However, the presence of pre-existing conditions can complicate the process.
If you had a prior neck injury or an underlying medical issue, the court will consider this when evaluating your whiplash claim. They will look at the severity of the pre-existing condition and how it may have contributed to your symptoms after the accident. This doesn’t mean you won’t receive compensation, but it does make it more important for your case to be well-documented and supported by medical evidence.
Attorney At Law Attorney At Law Attorney At Law
Adam Princenthal
David May
Matthew Wilson
The Impact of Pre-Existing Conditions on Your Case
One of the most significant challenges with pre-existing conditions is proving that the car accident made your condition worse. This is known as the “eggshell plaintiff rule.” According to this rule, if you are injured in a way that causes more harm due to a pre-existing condition, the at-fault party is still responsible for the injury. Essentially, the person who caused the accident cannot argue that your pre-existing condition made you more vulnerable to injury. However, you will need to show that the accident worsened your condition or caused new damage that would not have occurred without the crash.
Georgia courts will consider both your pre-existing conditions and the evidence that the accident contributed to or worsened your injury. This often involves reviewing medical records, expert testimony, and other documentation to establish the connection between the accident and your current condition.
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
Medical Records and Documentation Are Crucial
When you have a pre-existing condition, the importance of solid medical records cannot be overstated. Courts rely heavily on medical evidence to understand the full scope of your injury and how it relates to the accident. This means it is vital to seek immediate medical attention after an accident, even if you do not feel significant pain right away. A thorough evaluation by a doctor can help identify the extent of your whiplash injury and provide a clear record that links your symptoms to the crash.
For individuals with pre-existing conditions, it is important that your doctor documents not only your current symptoms but also your previous health history. This can help your doctor explain how the accident has exacerbated or worsened your condition. Additionally, if you’ve been receiving treatment for a prior injury, your doctor’s records will show whether the accident has caused a significant change in your health status.
The Role of Expert Testimony in Whiplash Cases
In some whiplash cases involving pre-existing conditions, expert testimony may be necessary. A doctor or medical professional may be called to explain how your pre-existing condition affects your current injury. They can also provide insight into whether the accident caused any new damage or whether your symptoms have worsened because of the crash.
It is important to work with a legal team that can identify when expert testimony is needed and ensure that the right professionals are brought in to strengthen your case. Testimony helps make the complex connection between pre-existing conditions and whiplash injuries clearer for the court.
Hiring a Personal Injury Attorney How Long Will a Personal Injury Case Take?Related Videos
How Georgia Courts Look at the Severity of Pre-Existing Conditions
Georgia courts will evaluate the severity of your pre-existing condition to understand how it relates to your whiplash injury. If you had a mild condition before the accident, such as slight neck pain or stiffness, the court may be more inclined to find that the accident aggravated your condition. On the other hand, if you had a more severe pre-existing injury, such as a previous major neck surgery or chronic pain, it may be more difficult to show that the accident caused additional harm.
Your legal team will need to build a strong case to demonstrate that the accident made your symptoms worse, even if you had a prior condition. This could include presenting medical evidence that shows your symptoms have increased in severity since the accident.
What You Can Do to Strengthen Your Case
If you have a pre-existing condition and are pursuing a whiplash claim, there are several things you can do to strengthen your case. First, seek medical attention immediately after the accident. Even if your symptoms seem mild at first, a doctor’s evaluation will provide valuable documentation of your condition.
Keep track of any symptoms that develop after the accident, and make sure to report them to your doctor. This documentation will be important if you need to show how the accident caused a change in your health. Additionally, maintain a clear record of your medical treatment, including any medications or therapies you undergo.
Representative Cases
Finally, work with an experienced attorney who understands how to handle cases involving pre-existing conditions. An attorney can help gather the right evidence, consult with medical specialists, and present your case in a way that maximizes your chances of success.
At the end of the day, having a pre-existing condition does not mean that your whiplash claim is doomed to fail. However, it does mean that you need to approach the case with the proper documentation, medical evidence, and legal strategy. The team at Princenthal, May & Wilson, LLC is here to help. We understand how difficult it can be to deal with a whiplash injury on top of an existing medical condition, and we are committed to helping you get the compensation you deserve.
If you are facing a whiplash injury and have concerns about how your pre-existing condition may affect your case, don’t hesitate to reach out to us. Let us put our experience to work for you, ensuring your case is handled with the care and attention it needs to get the best possible result. Contact Princenthal, May & Wilson, LLC today for a consultation.