Motorcycle accidents in Georgia can result in life-changing injuries. However, if you already have a pre-existing condition, these injuries may be more severe than they would be for someone without such conditions. A pre-existing condition refers to any injury or health issue you had before the accident. This could include a past back injury, arthritis, or a previous surgery. While these conditions are not caused by the accident, they can certainly impact how the accident affects your body, your recovery, and the way the law views your motorcycle accident case.
Understanding Pre-existing Conditions in Georgia Motorcycle Accidents
When you’re involved in a motorcycle accident and have a pre-existing condition, your injuries may be complicated. The injury from the accident might aggravate the pre-existing condition or cause it to worsen. Georgia law, however, allows people to be compensated for the full extent of their injuries even if they have a pre-existing condition. This means that if your condition is made worse due to the accident, the responsible party still has to pay for the additional damage.
Georgia follows a legal rule known as the “take your victim as you find them” rule. This means that if your condition made the injuries more severe, the defendant or the insurance company cannot argue that your pre-existing condition is to blame for the injury. They are still liable for the full extent of the harm caused by the accident, even if your injury might have been less severe in someone else.
However, the challenge comes when trying to prove that the motorcycle accident caused the worsening of your pre-existing condition. This can be difficult because the insurance company or the opposing side may argue that the injury you are claiming is simply a result of your previous condition, not the accident. This is why having solid medical evidence is essential in cases like these.
The Role of Pre-existing Conditions in Your Injuries
In some cases, a pre-existing condition may make an injury worse than it would be in someone else. For instance, if you have a previous back injury, a motorcycle accident may cause further damage to your spine or intensify the pain. This can lead to more serious complications than someone who doesn’t have a pre-existing back issue.
Attorney At Law Attorney At Law Attorney At Law
Adam Princenthal
David May
Matthew Wilson
Legally, Georgia follows what’s known as the “eggshell skull” rule, which states that you take the person as you find them. If your body is more fragile due to an existing condition, the person who caused the accident is still responsible for the full extent of the injury, even if it is more severe than it would be for a different person. So, if the accident made your condition worse, you still have the right to seek full compensation for the damages caused, even if your body was more vulnerable.
Medical Evidence Is Key
If you have a pre-existing condition and are involved in a motorcycle accident, your medical records will be a crucial part of your case. It is important to make sure that your medical history is well documented before the accident. Your doctor will be able to describe how the motorcycle accident aggravated your pre-existing condition and show that the injury is related to the crash.
A doctor’s evaluation, including imaging results like MRIs or X-rays, will be key in proving that the accident caused further harm to your pre-existing condition. They can testify that the accident triggered an exacerbation of the condition or even caused new complications. This will help to establish the link between the accident and the injury.
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
Challenges of Dealing with Pre-existing Conditions
While Georgia law provides protection for victims with pre-existing conditions, there are still challenges in these types of cases. One major challenge is proving that the accident made your condition worse. Often, insurance companies will argue that your injuries were caused by the pre-existing condition alone and not the accident. They may claim that the symptoms you are experiencing are simply a continuation of your past injury.
This can be particularly difficult if the pre-existing condition wasn’t actively causing you problems before the accident. In such cases, the insurance company may claim that the symptoms you are experiencing now are unrelated to the crash. This is why strong medical documentation and expert testimony are necessary to support your claim.
How Can a Lawyer Help?
When dealing with a motorcycle accident case that involves a pre-existing condition, hiring an experienced personal injury lawyer is essential. A lawyer can help you in several important ways. They can gather medical records, interview experts, and work with medical professionals to establish the link between the accident and your injuries.
A skilled lawyer will also be able to protect you from unfair arguments by the defendant or their insurance company. They will help you navigate the complexities of the case, making sure that your pre-existing condition doesn’t unfairly reduce your chances of receiving compensation.
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The Importance of Acting Quickly
In Georgia, the statute of limitations for filing a personal injury claim is two years from the date of the accident. If you fail to file your claim within this period, you lose the right to pursue compensation. For this reason, it’s important to contact an attorney as soon as possible after the accident. Filing your claim in a timely manner is vital, and having a lawyer on your side early on will ensure that the process goes smoothly.
What Compensation Can You Receive?
If you have a pre-existing condition that was worsened by a motorcycle accident, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, property damage, and other damages. The compensation you receive will depend on the extent of your injuries, the severity of your pre-existing condition, and the impact it has on your life.
The goal is to make sure that you are fully compensated for both the injuries caused by the accident and the worsening of your pre-existing condition. Your lawyer will help you assess the full extent of the damages and seek the compensation you deserve.
Representative Cases
Having a pre-existing condition does not mean you are not entitled to compensation if you are involved in a motorcycle accident in Georgia. In fact, Georgia law ensures that the at-fault party is still responsible for the full extent of the harm, even if your condition made the injuries worse. While it can be difficult to prove that the accident caused the worsening of your condition, working with an experienced lawyer and having strong medical evidence will help you make your case.
If you or someone you know has been involved in a motorcycle accident in Georgia and has a pre-existing condition, it’s important to speak with an experienced personal injury attorney. At Princenthal, May & Wilson, LLC, we understand the complexities of these cases and can help guide you through the legal process. Contact us today to discuss your case and ensure that you get the compensation you deserve.