If you’re dealing with a personal injury claim and have a pre-existing condition, the road ahead can feel complicated. Pre-existing conditions often raise questions and concerns about how they may affect your chances of receiving fair compensation. At Princenthal, May & Wilson LLC, we understand how challenging this process can be. Our team of experienced personal injury attorneys is here to help you navigate your claim and get the compensation you deserve, despite any pre-existing health conditions.
Understanding Pre-Existing Conditions in Injury Claims 
A pre-existing condition refers to any health issue, illness, or injury you had before the incident that led to your injury claim. These conditions can range from chronic pain, prior surgeries, and ongoing medical treatments to issues like arthritis, heart disease, or previous accidents. While having a pre-existing condition doesn’t mean your injury claim will automatically be invalid, it does complicate matters.
Princenthal, May & Wilson LLC is here to guide you through the complexities of dealing with pre-existing conditions in personal injury claims. We understand that your case is unique, and our attorneys will work hard to ensure that your pre-existing condition doesn’t undermine the validity of your injury claim.
Pre-existing conditions can influence an injury claim in several ways, and insurance companies may try to use these conditions against you. Understanding how the law handles pre-existing conditions and what you need to prove to get a fair settlement can make all the difference in the outcome of your case.
How Pre-Existing Conditions Affect Personal Injury Claims
1. Increased Scrutiny from Insurance Companies
Insurance companies may take a close look at your medical history to determine whether your injuries were caused by the accident or if they were pre-existing. They may argue that your injuries are related to a condition you already had, making it harder to prove that the accident itself caused the injury.
However, it’s essential to know that having a pre-existing condition does not invalidate your claim. The key is proving that the accident either worsened or aggravated your condition. Insurance companies often try to offer a low settlement in these cases, knowing that they can use your pre-existing condition to argue that the injury is less severe than you claim.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
Attorney At Law
At Princenthal, May & Wilson LLC, we take the time to review all of your medical records and work with experts to demonstrate that the accident either caused new injuries or made your pre-existing condition worse. We know how to fight back against the tactics insurance companies use to devalue your claim.
2. Aggravation of Pre-Existing Conditions
In many personal injury cases involving pre-existing conditions, the injury suffered in the accident may not necessarily be new, but rather an aggravation of an existing condition. For example, if you’ve suffered a back injury in the past, a car accident may worsen that injury, resulting in more intense pain or additional medical issues.
The law allows you to seek compensation for the aggravation of a pre-existing condition caused by an accident. This is why it is crucial to have medical professionals assess your condition before and after the incident to clearly show the difference between your baseline health and the impact the accident had on you.
Proving Your Case Despite a Pre-Existing Condition
1. Medical Evidence is Key
In personal injury claims involving pre-existing conditions, medical evidence plays a pivotal role in proving that the accident was the primary cause of your injuries or that it aggravated your condition. This includes your medical records, doctors’ assessments, and expert testimony that can demonstrate the impact of the accident on your health.
At Princenthal, May & Wilson LLC, we work with experienced medical professionals who can evaluate your case and provide expert testimony. These experts will help explain how the accident exacerbated your condition, making it essential for securing the compensation you deserve.
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
2. Gathering a Thorough Medical History
It’s important to provide a detailed medical history, including all records of past injuries, treatments, and surgeries. This allows us to compare your pre-existing condition with the injuries sustained in the accident. If your medical records show that the accident made your pre-existing condition worse, we can use this information to strengthen your claim.
However, it’s important to note that even if your pre-existing condition was aggravated, you are still entitled to compensation for the injury’s impact on your life, whether that’s increased pain, additional treatments, or lost wages.
3. Working with Medical Experts
In many cases, the support of a medical expert can make a significant difference. A doctor specializing in your condition can help explain how the accident specifically affected your health. For example, if you have a history of shoulder problems and the accident caused further damage, a medical expert can testify to this relationship, helping establish causation.
At Princenthal, May & Wilson LLC, our attorneys work closely with medical experts to ensure that we build a strong, evidence-backed case for you. We know that expert testimony can be the deciding factor in many injury claims, especially those complicated by pre-existing conditions.
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The Challenges of Comparative Fault and Pre-Existing Conditions
In Georgia, the law follows a comparative fault system, meaning that even if you are partially responsible for the accident, you can still recover damages. However, the percentage of fault assigned to you will reduce the amount of compensation you can receive.
If you have a pre-existing condition, insurance companies may argue that your condition contributed to the accident or worsened your injury. This can add complexity to your case, as you may need to demonstrate that the accident itself was the primary cause of your injury or that the accident aggravated your pre-existing condition.
Our attorneys at Princenthal, May & Wilson LLC are experienced in handling complex comparative fault cases. We will fight to ensure that the insurance companies do not unfairly assign blame for the accident, and that your pre-existing condition does not reduce your compensation.
What to Expect When Dealing with Pre-Existing Conditions in Personal Injury Claims
1. Delays in Settlement Negotiations
Insurance companies may take longer to process claims involving pre-existing conditions. They may request more medical documentation or even demand an independent medical examination to evaluate the extent of your injuries. This can delay the settlement process, making it important to have an experienced attorney who can keep the process moving forward.
2. Low Settlement Offers
It’s not uncommon for insurance companies to make low settlement offers when pre-existing conditions are involved. They may attempt to devalue the impact of your injury by arguing that your condition was the primary cause of your pain. Having an attorney on your side ensures that you don’t accept an unfair settlement and that you are adequately compensated for your injuries.
3. The Importance of Expert Testimony
Expert witnesses, including doctors and medical professionals, can help explain the relationship between your pre-existing condition and the injuries sustained in the accident. Expert testimony is often crucial to overcoming the arguments insurance companies make when trying to reduce compensation for claimants with pre-existing conditions.
At Princenthal, May & Wilson LLC, we have the resources to work with medical experts who can provide the testimony needed to strengthen your case and help ensure you get the compensation you deserve.
Navigating a personal injury claim with a pre-existing condition can be complicated, but it’s not impossible. With the right legal representation and a solid understanding of how pre-existing conditions affect injury claims, you can pursue the compensation you deserve. At Princenthal, May & Wilson LLC, we have the experience and dedication to help you through every step of the process.
If you or a loved one is dealing with the aftermath of an accident involving a pre-existing condition, contact Princenthal, May & Wilson LLC today for a free consultation. Our team is ready to help you fight for the compensation you need to move forward with your life.