If you’ve been involved in a car accident in Atlanta, GA, and are seeking to hire a car accident lawyer, it’s crucial to understand how pre-existing conditions can influence your claim. Navigating the complexities of car accident claims is challenging enough, but when pre-existing conditions are brought into the equation, the process can become significantly more complicated.

Defining Pre-Existing Conditions

In the realm of car accident claims, a pre-existing condition encompasses any medical issue or injury that existed prior to the occurrence of the car accident. These conditions vary widely in nature and severity, ranging from old sports injuries and chronic back problems to more serious medical ailments such as heart disease or diabetes. Understanding what constitutes a pre-existing condition is paramount for individuals and their legal representatives, as insurance companies frequently scrutinize these conditions closely during the claims process.

Impact on Car Accident Claims

Pre-existing conditions can complicate the determination of injury and liability in several ways. Insurance companies may attempt to attribute new pain or injuries to these pre-existing conditions rather than the accident itself. This can lead to reduced settlement offers or even outright claim denials, under the premise that the accident did not cause any new damage.

Legal Considerations in Atlanta, GA

Georgia‘s laws and regulations on car accidents and pre-existing conditions add another layer of complexity. The state follows a modified comparative negligence rule, which means that your compensation may be reduced if you were partly at fault for the accident. Concerning pre-existing conditions, the key is demonstrating how the accident exacerbated or altered the condition in a new and distinct way.

Hiring an experienced Atlanta car accident lawyer is crucial for navigating these intricacies. A knowledgeable attorney can help gather the necessary medical evidence, work with medical experts, and build a compelling case that clearly separates the impact of the accident from your pre-existing condition.

Strategies for Overcoming Pre-Existing Conditions

There are several steps individuals with pre-existing conditions can take to protect their rights after a car accident:

  1. Full Disclosure: Transparency is paramount when discussing pre-existing conditions with your attorney. Provide comprehensive information about any prior medical issues or injuries, including their nature, severity, and treatment history. By fully disclosing this information, your attorney can develop a tailored legal strategy that effectively addresses the presence of pre-existing conditions from the outset.
  2. Medical Documentation: Maintain thorough and accurate records of your medical treatment both before and after the car accident. This documentation should include medical reports, diagnostic tests, treatment plans, prescription medications, and any other relevant information pertaining to your pre-existing condition. Additionally, obtain updated medical evaluations following the accident to assess any exacerbation or new symptoms resulting from the collision. These medical records serve as crucial evidence to demonstrate how the accident has specifically impacted your pre-existing condition.
  3. Legal Expertise: Partnering with an experienced car accident lawyer in Atlanta who specializes in cases involving pre-existing conditions is essential. A knowledgeable attorney understands the complexities of such cases and can employ effective legal strategies to advocate for your rights. Your attorney will work diligently to differentiate between pre-existing conditions and new injuries attributable to the accident, ensuring that you receive fair compensation for the damages incurred. They can also leverage expert testimony, medical evidence, and case law to strengthen your claim and counter any attempts by insurance companies to minimize your recovery based on pre-existing conditions.


Understanding the impact of pre-existing conditions on car accident claims is essential for anyone seeking to hire a car accident lawyer in Atlanta, GA. Despite the challenges these conditions may pose, with the right legal guidance and strategies, it’s possible to secure fair compensation.

If you or someone you know is facing this situation, don’t hesitate to seek professional legal advice. Contact the W. Winston Briggs Law Firm at 404-522-1500 to learn how we can support you through this complex process.